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2005 SESSION
HB 2165 Residential Landlord and Tenant Act; noncompliance with rental agreement.
Introduced by: Gary A. Reese | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED HOUSE:
Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement. Provides that if the rental agreement requires for the payment of reasonable attorneys' fees in the event of a breach of the agreement or noncompliance by the tenant, the landlord shall be awarded reasonable attorneys' fees in any action based upon the tenancy in which the landlord prevails, including but not limited to actions for damages to the dwelling unit or premises, or additional rent, regardless of any previous action to obtain possession or rent unless the tenant proves by a preponderance of the evidence that his failure to pay rent or vacate was reasonable. Currently, where the rental agreement provides for the payment of attorneys' fees, they can be awarded to the landlord only where the tenant fails to prove by a preponderance of the evidence that the failure to pay rent or vacate the premises was due to (i) the breach of the lease by the landlord or (ii) unlawful actions on the part of the landlord.
SUMMARY AS INTRODUCED:
Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement. Provides that if the rental agreement provides for the payment of reasonable attorneys' fees in the event of a breach of the agreement or noncompliance by the tenant, the landlord shall be entitled to recover reasonable attorneys' fees in any action based upon the tenancy, including but not limited to actions for damages to the dwelling unit or premises, or additional rent, regardless of any previous action to obtain possession or rent. Currently, where the rental agreement provides for the payment of attorneys' fees, they can be awarded to the landlord only where the tenant fails to prove by a preponderance of the evidence that the failure to pay rent or vacate the premises was due to (i) the breach of the lease by the landlord or (ii) unlawful actions on the part of the landlord.