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