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H. B. No. 626 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Celeste, Foley
Cosponsors:
Representatives Beatty, Yuko, Harwood, Williams, B., Ujvagi, Slesnick, Skindell, Letson, Newcomb, Stewart, D., Hagan, R., Williams, S., Heard, Mallory, Setzer, Lundy
A BILL
To amend section 2329.26 and to enact section
5321.20 of the Revised Code to specify
that, upon
proper notice, a
rental agreement for a
residential property that is the subject of a
foreclosure action
converts to a month-to-month
rental agreement unless that
residential rental
agreement was entered into
after the
initiation
of
foreclosure proceedings
and notice of an
ongoing
foreclosure action and subsequent sale
date is not
provided, and to
create penalties
for a
landlord or
a successor in
interest who
violates
the bill's
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2329.26 be amended and section
5321.20 of the Revised Code be enacted to read as
follows:
Sec. 2329.26. (A) Lands and tenements taken in execution
shall not
be sold until all of the following occur:
(1)(a) Except as otherwise provided
in division
(A)(1)(b)
of
this section, the judgment creditor who seeks the sale of the
lands and tenements or the judgment creditor's attorney does
both
of the following:
(i) Causes a written notice of the
date, time, and place of
the sale to be served in accordance
with divisions (A) and
(B) of
Civil
Rule 5 upon the judgment debtor and upon, each other party
to
the
action in which the judgment giving
rise to the execution
was
rendered, and, if the lands and tenements are residential
property, any tenant residing in the residential property
who is
not a party to the action;
(ii) At least seven calendar days
prior to the date of the
sale, files with the
clerk of the court that rendered the judgment
giving rise to the
execution a copy of the written notice
described in division
(A)(1)(a)(i)
of this section with proof of
service endorsed on the copy in
the form described in division
(D)
of
Civil
Rule 5.
(b) Service of the written notice
described in division
(A)(1)(a)(i)
of this section is not required to be made upon any
party who is in default for failure to appear in the
action in
which the judgment giving rise to the execution was
rendered.
(2) The officer taking the lands and tenements
gives
public
notice of the date, time, and place of the
sale for
at least
three weeks before the day of sale by advertisement in
a
newspaper
published in and of general circulation in the county.
The court
ordering
the sale may designate in the order of sale
the newspaper
in which
this public notice
shall be published, and
this public
notice is subject to
division (A) of section 2329.27
of the
Revised
Code.
(3) The officer taking the lands and tenements shall collect
the purchaser's information required by section 2329.271 of the
Revised Code.
(B) A sale of lands and tenements
taken in execution may be
set aside in accordance
with division (B) of section
2329.27 of
the Revised
Code.
(C) The written notice this section requires shall be served
to a tenant of a residential property at the address of that
property at least thirty days before the sale date.
(D) "Tenant" has the same meaning as
in section 5321.01 of
the Revised Code.
Sec. 5321.20. (A) Except as provided in division (B) of this
section, any
rental agreement for a residential property
that is
the subject of a foreclosure action shall convert
to a
month-to-month rental agreement upon the approval of a sale
at
auction
by a court pursuant to section 2329.33 of the Revised
Code.
(B) If a tenant enters into a rental agreement after
foreclosure begins and the tenant is not provided the notice of a
foreclosure
action as division (C) of this section requires or
the notice of sale as division (D) of this section requires, an
owner who
purchases the property at auction shall, within
fourteen
days
after that purchase, offer
to honor the existing
rental agreement.
If the tenant does not accept that offer within
fourteen days, the
rental agreement
shall convert to a
month-to-month
rental
agreement.
(C)(1) Any landlord of a residential property that is the
subject of a foreclosure action shall provide each tenant at that
property with written notice of the foreclosure action. The notice
shall include a statement in substantially the following form:
"This property is undergoing foreclosure. For more
information on this action, you should contact the ..........(your
county) Clerk of Courts for the Court of Common Pleas,
..........(address), at ..........(phone number).
A sale at auction may or may not occur as a result of this
foreclosure. Currently, the sale of this property has been set for
..........(time, date, and place) or no date for sale of this
property has been established. You will receive written notice of
the sale at least thirty days before it takes place.
If there is a sale of this property at auction, the following
will occur:
If you entered into your rental agreement before
...............(date the foreclosure action was initiated), your
current
rental agreement converts to a month-to-month tenancy
upon the sale of the property.
If you entered into your rental agreement after
.............. (date the foreclosure action was initiated) and the
agreement
included a notice of the foreclosure, your rental
agreement will
become a month-to-month rental agreement on the
date a court
approves the sale. The new owner may offer to honor
your current
rental agreement but is not required to do so. You
may accept or
reject any such offer.
If you entered into your rental agreement after
............... (date the foreclosure action was initiated) and
the
agreement
did not include a notice of the foreclosure,
within
fourteen days
after purchasing the home the new owner
must give
you a written
offer to honor your current rental
agreement. If you
do not
accept that offer, your rental
agreement will become a
month-to-month agreement.
Note: With a month-to-month rental agreement, either the
tenant or the landlord may terminate the agreement by providing
written notice of termination to the other at least thirty days
prior to a date on which the rent payment normally is due. The
rental agreement then terminates on that date."
(2) If the rental agreement is entered into before the
foreclosure action is initiated, the landlord shall provide the
written notice of foreclosure within thirty days after the
foreclosure action is filed. If the rental agreement is entered
into after the foreclosure action is initiated, the landlord shall
include the written notice of foreclosure in the rental agreement.
(D) Any landlord of a residential property that is the
subject of a foreclosure action shall provide each tenant at that
property written notice of the date, time, and place of the sale
of the foreclosed property at least thirty days before the sale
date.
(E) In addition to any other remedy under law, a tenant may
recover the greater of actual damages or one month's rent plus the
security deposit amount and reasonable attorney's fees, obtain
injunctive relief to enforce the rental
agreement, or both, if a
landlord or a successor in interest does
either of the following:
(1) Fails to honor a rental agreement as divisions (A) and
(B) of this
section require;
(2) Fails to provide the written notices that divisions (C)
and
(D) of this section require.
Section 2. That existing section 2329.26 of the Revised Code
is hereby repealed.
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