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2014 SESSION

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HB 638 Virginia Residential Landlord and Tenant Act; tenant's noncompliance, death of tenant.

Introduced by: Jackson H. Miller | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED HOUSE: (all summaries)

Virginia Residential Landlord and Tenant Act; tenant's noncompliance; death of tenant. Provides that the Virginia Residential Landlord and Tenant Act may also be cited as the "Virginia Rental Housing Act." The bill also allows a landlord, regardless of whether or not a lawsuit is filed or an order obtained from a court, to recover the following if the rental agreement so provides: (i) rent due and owing as contracted for in the rental agreement, (ii) other charges and fees as contracted for in the rental agreement, (iii) late charges contracted for in the rental agreement, (iv) reasonable attorney fees as contracted for in the rental agreement or as provided by law, (v) costs of the proceeding as contracted for in the rental agreement or as provided by law only if court action has been filed, and (vi) damages to the dwelling unit or premises as contracted in the rental agreement. The bill also requires, in an action for breach of the rental agreement or noncompliance by the tenant, the court to award a money judgment to the landlord if the landlord prevails and specifies what is to be awarded by the court, unless in any such action, the tenant proves by a preponderance of the evidence that the tenant's failure to pay rent or vacate was reasonable. The bill also provides that in the event of the death of a tenant who is the sole occupant of the dwelling unit, the rental agreement is deemed to be terminated by the landlord as of the date of death and provides that the estate of the tenant remains liable for actual damages.


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