SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2014 SESSION
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 | history
SUMMARY AS PASSED HOUSE:
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.
SUMMARY AS INTRODUCED:
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 Provider Act." The bill requires a tenant to provide prompt written notice to the landlord of any rent paid into the court escrow account in an action for possession. The bill also allows a landlord 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 provided by law only if court action has been filed, and (vi) damages to the dwelling unit or premises, or additional rent, regardless of whether or not a lawsuit is filed or an order obtained from a court. The bill also requires, in an action for possession, 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, the rental agreement is deemed to be terminated as of the date of death and provides that the estate of the tenant remains liable for actual damages.