Bill Summary

Residential rental property. 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.

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Status

Became Law

Votes

Date Action Vote Document
2017-01-25House: Subcommittee recommends reporting with substitute (9-Y 0-N)Yea: 9 No: 0 Other: 0Document
2017-01-27House: Reported from Courts of Justice with substitute (21-Y 0-N)Yea: 21 No: 0 Other: 0Document
2017-02-02House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)Yea: 95 No: 0 Other: 0Document
2017-02-13Senate: Reported from General Laws and Technology with amendment (15-Y 0-N)Yea: 15 No: 0 Other: 0Document
2017-02-15Senate: Constitutional reading dispensed (40-Y 0-N)Yea: 40 No: 0 Other: 0Document
2017-02-17Senate: Reported from Courts of Justice (14-Y 0-N)Yea: 14 No: 0 Other: 0Document
2017-02-20Senate: Passed Senate with amendment (39-Y 0-N)Yea: 39 No: 0 Other: 0Document
2017-02-20Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)Yea: 40 No: 0 Other: 0Document
2017-02-20Senate: Passed Senate with amendment (40-Y 0-N)Yea: 40 No: 0 Other: 0Document
2017-02-21House: VOTE: ADOPTION (95-Y 0-N)Yea: 95 No: 0 Other: 0Document

Amendments

no data available at this time.

Bill History

Date Action
2017-03-13Governor: Acts of Assembly Chapter text (CHAP0394)
2017-03-13Governor: Approved by Governor-Chapter 394 (effective 7/1/17)
2017-02-28Governor: Governor's Action Deadline Midnight, March 27, 2017
2017-02-28Enrolled Bill communicated to Governor on 2/28/17
2017-02-24Signed by President
2017-02-24Signed by Speaker
2017-02-24Bill text as passed House and Senate (HB2281ER)
2017-02-24Enrolled
2017-02-21VOTE: ADOPTION (95-Y 0-N)
2017-02-21Senate amendment agreed to by House (95-Y 0-N)
2017-02-21Placed on Calendar
2017-02-20Passed Senate with amendment (40-Y 0-N)
2017-02-20Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
2017-02-20Passed Senate with amendment (39-Y 0-N)
2017-02-20Engrossed by Senate as amended
2017-02-20Read third time
2017-02-17Reported from Courts of Justice (14-Y 0-N)
2017-02-16Rereferred to Courts of Justice
2017-02-16Motion to rerefer to committee agreed to
2017-02-16Committee amendment agreed to
2017-02-16Reading of amendment waived
2017-02-16Read third time
2017-02-15Constitutional reading dispensed (40-Y 0-N)
2017-02-13Reported from General Laws and Technology with amendment (15-Y 0-N)
2017-02-03Referred to Committee on General Laws and Technology
2017-02-03Constitutional reading dispensed
2017-02-02VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
2017-02-02Read third time and passed House BLOCK VOTE (95-Y 0-N)
2017-02-01Engrossed by House - committee substitute HB2281H1
2017-02-01Committee substitute agreed to 17104751D-H1
2017-02-01Read second time
2017-01-31Read first time
2017-01-27Committee substitute printed 17104751D-H1
2017-01-27Reported from Courts of Justice with substitute (21-Y 0-N)
2017-01-25Subcommittee recommends reporting with substitute (9-Y 0-N)
2017-01-16Assigned Courts sub: Civil Law
2017-01-11Referred to Committee for Courts of Justice
2017-01-11Presented and ordered printed 17101623D

Sponsors

Name District
James LeftwichHD-078