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OH SB13
Bill
Status
2/10/2009
Primary Sponsor
Dale Miller
Click for details
AI Summary
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Director of Commerce must prepare a publication listing resources to assist owners and tenants of foreclosed residential rental properties, available through courts of common pleas.
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Landlords must notify tenants of foreclosure within 60 days of receiving a summons and file an affidavit with the court certifying notice was provided.
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Landlords must provide tenants written notice of the foreclosure sale date, time, and place at least 21 days before the auction and file an affidavit with the court confirming notice was given.
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Upon foreclosure sale, valid rental agreements convert to month-to-month agreements if the tenant is current on rent payments, unless federal "Protecting Tenants at Foreclosure Act of 2009" remains in effect.
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Tenants may recover attorney's fees, actual damages or one month's rent (whichever is greater), and injunctive relief if landlords violate notification requirements; courts may impose civil penalties up to $1,000 per rental unit on non-compliant landlords.
Legislative Description
To require a landlord to notify tenants when a foreclosure action is filed, to require the Director of Commerce to prepare a publication to assist owners and tenants of foreclosed residential rental property, to require the officer taking lands and tenements to notify the owner of the property of the date, time, and place of the sale of the foreclosed property, to require landlords to notify tenants when a property is foreclosed and when a sale is scheduled, to provide for continuance of a rental agreement after a foreclosure sale, to impose a civil penalty upon the landlord if the landlord fails to notify the tenants when a property is foreclosed, and to provide civil remedies for a tenant whose landlord violates the bill's provisions.
Foreclosure-tenant protections
Last Action
Committee Report - S
6/25/2009