MADAM PRESIDENT:
The Senate Committee on Judiciary, to which was referred Senate Bill No. 225, has had the
same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
notice of:
(1) the judgment of foreclosure; and
(2) the rights of the tenant or lessee under this section;
by registered or certified mail.
(d) A tenant or lessee of real property described in subsection
(a) has the right to terminate the rental or lease agreement upon
written notice delivered to the landlord or owner. Termination of
a rental or lease agreement under this subsection is effective on a
date established by the tenant or lessee, but not earlier than:
(1) ten (10) days after the tenant or lessee receives the written
notice described in subsection (c); or
(2) ten (10) days after the date the judgment of foreclosure is
entered, if the tenant or lessee does not timely receive the
written notice described in subsection (c).
(e) A tenant or lessee who terminates a rental or lease
agreement under this section is liable for all rent and other charges
due under the rental or lease 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 or lease
agreement being terminated.
(f) Except for the rent and other charges payable as described
in subsection (e), a tenant who terminates a rental or lease
agreement under this section is not liable for any other rent or
charges solely because of the early termination of the rental or
lease agreement. However, a tenant or lessee may be liable for
other charges if the tenant or lessee causes damage to the rental
premises.
(g) A tenant or lessee may bring an action in any court having
jurisdiction to enforce an obligation of an owner or a landlord
under this section, or to obtain a remedy for the owner's
noncompliance. If the tenant or lessee prevails in an action brought
under this section, the tenant or lessee may recover:
(1) actual and consequential damages;
(2) reasonable attorney's fees and court costs; and
(3) reasonable relocation expenses.
(h) A waiver of this chapter by a landlord or current or former
tenant or lessee, by contract or otherwise, is void.".
and when so amended that said bill do pass.
Committee Vote: Yeas 8, Nays 0.
Bray