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H. B. No. 9 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Celeste, Foley
Cosponsors:
Representatives Garrison, Heard, Okey, Harris, Boyd, Newcomb, Harwood, Koziura, Hagan, Skindell, Stewart, Slesnick, Chandler, Brown, Murray, Mallory, DeBose, Patten, Oelslager, Lehner, Yuko, Moran, Pryor, Williams, S., Pillich, Phillips, Williams, B., Letson, Winburn, Fende, Luckie, Driehaus
A BILL
To enact section 5321.20 of the Revised Code to
require that notice of foreclosure and related
sale of residential rental property be given to
tenants at that property and to specify that a
rental agreement for a residential property that
is sold pursuant to a foreclosure action converts
to a month-to-month rental agreement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5321.20 of the Revised Code be
enacted to read as follows:
Sec. 5321.20. (A) 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 2329.31 of
the Revised
Code.
(B)(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 twenty-one days before it takes
place.
If there is a sale of this property at auction, your
current
rental agreement will convert to a month-to-month rental agreement
upon the sale of the property.
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.
(C) 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 date, time, and place of the
sale
of the foreclosed property at least twenty-one days before
the
date of the sale at auction.
(D) 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 division (A) of this
section requires;
(2) Fails to provide the written notices that divisions (B)
and
(C) of this section require.
(E) The rights and remedies provided for in this section are
in addition to, and do not preempt, any other rights and remedies
that a tenant may be entitled to under this chapter.
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