Residential rental property.
Summary
Provides that if a residential dwelling unit is foreclosed upon and a tenant is lawfully occupying the dwelling unit at the time of the foreclosure, the foreclosure shall act as a termination of the rental agreement by the landlord. The bill also provides that, if there is in effect at the date of the foreclosure sale a written property management agreement between the landlord and a real estate licensee licensed pursuant to the provisions of § 54.1-2106.1, the foreclosure shall convert the property management agreement into a month-to-month agreement between the successor landlord and the real estate licensee acting as a managing agent, except in the event that the terms of the original property management agreement between the landlord and the real estate licensee acting as a managing agent require an earlier termination date. Except in the event of foreclosure, the bill permits a real estate licensee acting on behalf of a landlord client as a managing agent who elects to terminate the property management agreement to transfer any funds held in escrow by the licensee to the landlord client without his consent, provided that the real estate licensee provides written notice to each tenant that the funds have been so transferred. The bill provides that, in the event of foreclosure, a real estate licensee shall not transfer any funds to a landlord client whose property has been foreclosed upon. The bill provides immunity, in the absence of gross negligence or intentional misconduct, to any such licensee acting in compliance with the provisions of § 54.1-2108.1. The bill clarifies that a tenant residing in a dwelling unit that has been foreclosed upon is eligible to file an assertion pursuant to § 55-225.12 and that a court may order any moneys accumulated in escrow to be paid to the successor landlord or the successor landlord's managing agent, if any.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2017
Committee Review
Feb 2017
Senate Passage
Feb 2017
House of Delegates Passage
Feb 2017
Signed into Law
Feb 2017
Introduced Jan 3, 2017
Signed Feb 20, 2017
Floor votes
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
18
Key actions
4
Committee
4
Feb 20, 2017
Signed into law
Approved by Governor-Chapter 67 (effective 7/1/17)
executive
Feb 13, 2017
Legislature · Passed
Passed House BLOCK VOTE (97-Y 0-N)
legislature
Feb 6, 2017
Committee
Referred to Committee for Courts of Justice
legislature
Feb 2, 2017
Legislature · Passed
Engrossed by Senate - committee substitute SB966S1
legislature
Feb 2, 2017
Legislature · Passed
Committee substitute agreed to 17104907D-S1
legislature
Jan 3, 2017
Committee
Referred to Committee on General Laws and Technology
legislature
Jan 3, 2017
Introduced
Prefiled and ordered printed; offered 01/11/17 17102231D
legislature
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Mark Obenshain
RRepublican
Co
LL
Lynwood Lewis
DDemocratic
Co
MM
Monty Mason
DDemocratic
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