SB 225-1_ Filed 04/06/2009, 11:12 Bell
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 225 be amended to read as follows:
SOURCE: Page 2, line 20; (09)MO022501.2. -->
Page 2, line 20, delete "(1) or" and insert " (1), two (2), three (3), or
four (4) rental units that is the subject of a judgment of foreclosure
under IC 32-30-10-5. However, this section does not apply if:
(1) a receiver is appointed in the foreclosure action under
IC 32-30-5; or
(2) the plaintiff asking foreclosure states in its complaint that
the foreclosure will not affect the rights of a tenant not in
default of the tenant's lease.
(c) As used in this section, "former landlord" means the
landlord at the time the judgment of foreclosure was entered.
(d) As used in this section, "former owner" means the owner at
the time the judgment of foreclosure was entered.
(e) Not later than ten (10) days after the judgment of foreclosure
on real property described in subsection (b) is entered, the former
owner of the real property shall provide each tenant with written
(1) the judgment of foreclosure; and
(2) the tenant's rights under this section;
by registered or certified mail.
(f) A tenant of real property described in subsection (b) has the
right to terminate the tenant's rental agreement upon written
notice delivered to the former landlord. Termination of a rental
agreement under this subsection is effective on a date established
by the tenant, but not earlier than:
(1) ten (10) days after the tenant receives the written notice
described in subsection (e); or
(2) ten (10) days after the date the judgment of foreclosure is
entered, if the tenant does not timely receive the written
notice described in subsection (e).
(g) A tenant who terminates a rental agreement under this
section is liable for all rent and other charges due under the rental
agreement to the effective date of termination, in an amount that
is prorated to the effective date of termination. Rent due under this
subsection is payable at the time it would have been payable under
the terms of the rental agreement being terminated.
(h) Except for the rent and other charges payable as described
in subsection (g), a tenant who terminates a rental agreement
under this section is not liable for any other rent or charges solely
because of the early termination of the rental agreement. However,
a tenant may be liable for other charges if the tenant causes
damage to the rental premises.
(i) A tenant may bring an action in any court having jurisdiction
to enforce an obligation of a former owner or a former landlord
under this section, or to obtain a remedy for the former owner's
noncompliance. If the tenant prevails in an action brought under
this section, the tenant may recover:
(1) actual and consequential damages;
(2) reasonable attorney's fees and court costs; and
(3) reasonable relocation expenses.
(j) A waiver of this chapter by a landlord or current or former
tenant, by contract or otherwise, is void.
Page 2, delete lines 21 through 42.
Delete page 3 through 4.
(Reference is to ESB 225 as printed April 3, 2009.)
MO022501/DI 107 2009