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Introduced Version House Bill 4208 History

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hb4208 intr
H. B. 4208


(By Delegates Lawrence, Cowles, Phillips,

Argento, T. Waker, Beach and Fleischauer)

[Introduced January 28, 2010; 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 requiring a landlord to give at least thirty days written notice to a tenant when property being occupied by the tenant is being foreclosed upon; requiring a landlord to give written notice to a prospective tenant if the property is in foreclosure; and providing for damages if notice is not given.

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. Notice of foreclosure.
(a) A rental agreement may contain a provision that a landlord shall notify a tenant of any foreclosure actions being taken against the property within thirty days after the period of redemption has begun and again at least thirty days before the conclusion of the period of redemption. If the rental agreement does not contain such a provision, the landlord shall post written notice reasonably visible to the tenant in the landlord's property management office that notifies the tenant that the property is in foreclosure at the times specified in this subsection and deliver written notice to the tenant that the property is in foreclosure at the times specified in this subsection. Nothing in this section allows the tenant to withhold his or her rental obligation because of receipt of the required notice.
(b) A landlord who offers to lease a property to a tenant during the period of redemption of that property shall give written notice to the tenant before the lease is entered into that the property has been foreclosed on. The written notice shall notify the potential tenant of the number of days remaining in the redemption period.
(c) A landlord who violates this section is liable to the tenant for damages not to exceed $1,000.




NOTE: The purpose of this bill is to require a landlord to give at least thirty days notice when the property being occupied by the tenant is being foreclosed upon. The bill requires a landlord to give written notice to a prospective tenant if the property is in foreclosure. The bill also provides for damages if notice is not given.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added
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