H. B. 4459

         (By Delegates Lawrence, Raines, Staggers,

          Fleischauer, Longstreth, Marshall, Hunt,

          Barrett, Moore, L. Phillips and Skinner)

         [Introduced February 11, 2014; referred to the

         Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to residential leases; allowing a tenant to terminate a residential lease in certain circumstances relating to domestic violence or sexual assault; and addressing changing the locks when a protection order has been issued.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §37-6-31, to read as follows:

ARTICLE 6. LANDLORD AND TENANT.

§37-6-31. Protective order tenant protection.

    (a) For the purposes of this section, "legal occupant" means an occupant who resides on the premises with the actual knowledge and permission of the landlord.

    (b) (1) A tenant may terminate the tenant’s future liability under a residential lease if the tenant or legal occupant:

    (A) Is a victim of domestic violence as provided in section two hundred two, article twenty-seven, chapter forty-six; or

    (B) Is a victim of sexual assault as provided in section three, four and five, article eight-b, chapter sixty-one.

    (2) The tenant shall provide the landlord a written notice and shall vacate the leased premises within thirty days from the date of the written notice.

    (3) A tenant who vacates leased premises is responsible for rent only for the thirty days following the notice of intent to vacate.

    (4) If a tenant does not vacate the leased premises within thirty days of the written notice, the landlord may by written notice to the tenant, consider the tenant’s notice of an intent to vacate rescinded and the terms of the original lease in effect.

    (5) The termination of a tenant’s future liability under a residential lease under this section does not terminate or in any other way impact the future liability of a tenant who is the respondent in the action that results in:

    (A) A temporary protective order entered according to section two hundred three, article twenty-seven, chapter forty-eight; and

    (B) A domestic violence protective order according to an order entered by section two hundred five, article twenty-seven, chapter forty-eight.

    (c)(1) A tenant who is a victim of domestic violence or a victim of sexual assault may provide to the landlord a written request to change the locks of the leased premises if the protective order issued for the benefit of the tenant requires the respondent to refrain from entering or to vacate the residence of the tenant.

    (2) The written request shall include:

    (A) A copy of the protective order issued for the benefit of the tenant or legal occupant under section two hundred three, article twenty-seven, chapter forty-eight; or

    (B) A copy of the domestic violence protective order for the tenant or legal occupant under section two hundred five, article twenty-seven, chapter forty-eight.

    (3) Upon receipt of the request the landlord shall change the locks on the leased premises by the close of the next business day.

    (4) If the landlord fails to change the locks the tenant:

    (A) May have the locks changed by a locksmith on the leased premises without permission from the landlord; and

    (B) Shall give a duplicate key to the landlord or the landlord’s agent by the close of the next business day after the lock change.

    (5) If a landlord changes the locks, the landlord:

    (A) Shall provide a copy of the new key to the tenant who made the request for the change of locks at a mutually agreed time following the lock change; and

    (B) May charge a fee to the tenant not exceeding the reasonable cost of changing the locks.

    (6) If a landlord charges a fee to the tenant for changing the locks, the tenant shall pay the fee within forty-five days of the date the locks are changed.

    (7) If a tenant does not pay a fee, the landlord may:

    (A) Charge the fee as additional rent; or

    (B) Withhold the amount of the fee from the tenant’s security deposit.

    NOTE: The purpose of this bill is to permit a tenant to terminate a residential lease in certain circumstances relating to domestic violence or sexual assault. The bill also addresses changing the locks when a protection order has been issued.

    This section is new; therefore, it has been completely underscored.