COMMITTEE SUBSTITUTE

FOR

H. B. 3177

(By Delegates Lawrence, Marshall, Doyle, Pino, Hunt and Frazier)

(Originating in the Committee on the Judiciary)

(February 10, 2012)

A BILL to the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-1-16, relating to the status and rights of parties under a preexisting tenancy and lease when residential rental property is sold by a trustee pursuant to a deed of trust; right of new owner to terminate tenancy; right of existing tenant to terminate tenancy; minimum notice requirements to terminate tenancy; service requirements; survival of terms and conditions under preexisting lease; exceptions; and effective date.

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 §38-1-16, to read as follows:

ARTICLE 1. VENDOR'S AND TRUST DEED LIENS.

§38-1-16. Sale of real property pursuant to a deed of trust;              preexisting tenancy.

    (a) Notwithstanding the notice requirements of section five, article six, chapter thirty-seven of this code, following the conveyance of residential rental property to a purchaser by a trustee pursuant to a deed of trust, the tenancy of a tenant occupying the property under an unexpired written lease may be terminated by giving ninety days written notice or by giving written notice not less than thirty days prior to the expiration of the lease, whichever is shorter. However, the tenancy of a tenant occupying the property under a month to month or other tenancy may be terminated by giving thirty days written notice. The terms and conditions of the lease of the property remain fully enforceable during the notice period. If the tenant fails to timely comply with the terms of the lease, the new owner, or the agent of the new owner, may proceed under article three-a of chapter fifty-five of this code, notwithstanding the provisions of this section. The tenancy of a factory built home may only be terminated as provided in section six, article fifteen, chapter thirty-seven of this code.

    (b) When notice is given to a tenant, it may be served upon the tenant, or anyone else holding the leased premises, or any part thereof, under the tenant. When notice is given by the tenant, it may be served upon any person owning the premises, in whole or in part, or the agent of an owner.

    (c) The provisions of this section take effect on the first day of January, two thousand thirteen.