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2015 SESSION

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HB 1451 Landlord and tenant laws; notice to terminate tenancy.

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

SUMMARY AS PASSED:

Landlord and tenant laws. Provides that in cases of a change in use, the 120-day termination notice shall not be waived, except in the case of a tenancy from month to month, which may be terminated by the landlord by giving the tenant 30 days' written notice prior to the next rent due date of the landlord's intention to terminate the tenancy. The bill, among other things, (i) allows an owner, manager, or operator of a commercial or residential building or campground to include water, sewer, electrical, natural gas, or other utilities in the amount of rent or additional rent as specified in the rental agreement or lease; (ii) prohibits a landlord from photocopying a U.S. government-issued identification under certain circumstances; (iii) allows a landlord and a tenant to agree in a rental agreement that the tenant pay prepaid rent; and (iv) allows a landlord or managing agent to enter into an agreement with a third-party service provider to maintain tenant records in electronic form or other medium. In such case, the landlord and managing agent shall not be liable in the event of a breach of the electronic data of such third-party service provider, except in the case of gross negligence or intentional act. The bill also provides that nothing shall be construed to require a landlord or managing agent to indemnify such third-party service provider. The bill contains technical amendments.

SUMMARY AS PASSED HOUSE:

Landlord and tenant laws. Provides that in cases of a change in use, the 120-day termination notice shall not be waived, except in the case of a tenancy from month to month, which may be terminated by the landlord by giving the tenant 30 days' written notice prior to the next rent due date of the landlord's intention to terminate the tenancy. The bill, among other things, (i) allows an owner, manager, or operator of a commercial or residential building or campground to include water, sewer, electrical, natural gas, or other utilities in the amount of rent or additional rent as specified in the rental agreement or lease; (ii) prohibits a landlord from photocopying a U.S. government-issued identification under certain circumstances; (iii) allows a landlord and a tenant to agree in a rental agreement that the tenant pay prepaid rent; and (iv) allows a landlord or managing agent to enter into an agreement with a third-party service provider to maintain tenant records in electronic form or other medium. In such case, the landlord and managing agent shall not be liable in the event of a breach of the electronic data of such third-party service provider, except in the case of gross negligence or intentional act. The bill also provides that nothing shall be construed to require a landlord or managing agent to indemnify such third-party service provider. The bill contains technical amendments.

SUMMARY AS INTRODUCED:

Landlord and tenant laws. Provides that in cases of a change in use, the 120-day termination notice shall not be waived, except in the case of a tenancy from month to month, which may be terminated by the landlord by giving the tenant 30 days' written notice prior to the next rent due date of the landlord's intention to terminate the tenancy. The bill, among other things, (i) allows an owner, manager, or operator of a commercial or residential building or campground to include water, sewer, electrical, natural gas, or other utilities in the amount of rent or additional rent as specified in the rental agreement or lease; (ii) prohibits a landlord from photocopying a U.S. government-issued identification under certain circumstances; (iii) allows a landlord to offer a tenant a rental agreement that includes payment of prepaid rent by the tenant if the tenant does not otherwise meet the financial qualifications to be a tenant for the dwelling unit; and (iv) allows a landlord or managing agent to enter into an agreement with a third-party service provider to maintain tenant records in electronic form or other medium. In such case, the landlord and managing agent shall not be liable in the event of a breach of the electronic data of such third-party service provider, except in the case of gross negligence or intentional act. The bill also provides that nothing shall be construed to require a landlord or managing agent to indemnify such third-party service provider. The bill also provides that the landlord and tenant may enter into a written waiver of certain rights of a service member as accordance with § 517 of the Servicemembers Civil Relief Act. Such written waiver may include (i) a requirement that the rent be paid by allotment in accordance with § 531 (d) of the Servicemembers Civil Relief Act, (ii) a waiver of the 90-day stay in accordance with § 531 (b) of the Servicemembers Civil Relief Act, or (iii) a requirement that the tenant service member comply with the early termination of the rental agreement provisions of the Virginia Residential Landlord and Tenant Act. The bill contains technical amendments.