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2021 SPECIAL SESSION I
HB 2014 Virginia Residential Landlord and Tenant Act; landlord's acceptance of rent with reservation.
Introduced by: Marcia S. "Cia" Price | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Virginia Residential Landlord and Tenant Act; landlord remedies; landlord's acceptance of rent with reservation; tenant's right of redemption. Prohibits a landlord from accepting full payment of rent, as well as any damages, money judgment, award of attorney fees, and court costs, from a tenant and receiving an order of possession pursuant to an unlawful detainer action and proceeding with eviction, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord. Under current law, a landlord may accept full or partial payment of all rent and receive an order of possession pursuant to an unlawful detainer action and proceed with eviction, provided that he has stated in a written notice to the tenant that any and all amounts owed to the landlord by the tenant, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, would be accepted with reservation and would not constitute a waiver of the landlord's right to evict the tenant from the dwelling unit. The bill provides specific language that must be included within such notice, and requires a landlord who elects to seek possession of the dwelling unit to provide a copy of the notice to the court for service to the tenant along with the summons for unlawful detainer. The bill also allows tenants to exercise the right of redemption in unlawful detainer actions an unlimited number of times except that a landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, may limit a tenant's use of the right of redemption to once per lease period, provided that the landlord provides written notice of such limitation to the tenant. Under current law, tenants may only exercise the right of redemption once during any 12-month period of continuous residency in the dwelling unit, regardless of the term of the rental agreement or any renewal term of the rental agreement. The bill directs the Director of the Department of Housing and Community Development (Director) to develop a sample termination notice to be maintained on the Department of Housing and Community Development's (Department) website that includes language referencing acceptance of rent with reservation by a landlord following a breach of a lease by a tenant, and requires the Department to convene a stakeholder group to provide input to the Director regarding the development of such sample termination notice.
FULL TEXT
- 01/12/21 House: Prefiled and ordered printed; offered 01/13/21 21102649D pdf | impact statement
- 02/02/21 House: Committee substitute printed 21104047D-H1 pdf | impact statement
- 02/25/21 House: Bill text as passed House and Senate (HB2014ER) pdf | impact statement
- 03/30/21 Governor: Acts of Assembly Chapter text (CHAP0410) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- House committee, floor amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- Senate amendments
- Senate amendments engrossed
- Senate amendments not adopted
HISTORY
- 01/12/21 House: Prefiled and ordered printed; offered 01/13/21 21102649D
- 01/12/21 House: Referred to Committee on General Laws
- 01/17/21 House: Assigned GL sub: Housing/Consumer Protection
- 01/28/21 House: Subcommittee recommends reporting with substitute (6-Y 2-N)
- 01/28/21 House: Subcommittee recommends reporting with substitute (6-Y 2-N)
- 02/02/21 House: Reported from General Laws with substitute (14-Y 7-N)
- 02/02/21 House: Committee substitute printed 21104047D-H1
- 02/03/21 House: Read first time
- 02/04/21 House: Read second time
- 02/04/21 House: Committee substitute agreed to 21104047D-H1
- 02/04/21 House: Engrossed by House - committee substitute HB2014H1
- 02/05/21 House: Read third time and passed House (56-Y 42-N)
- 02/05/21 House: VOTE: Passage (56-Y 42-N)
- 02/05/21 Senate: Constitutional reading dispensed
- 02/05/21 Senate: Referred to Committee on General Laws and Technology
- 02/05/21 Senate: Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
- 02/10/21 Senate: Reported from General Laws and Technology (12-Y 2-N)
- 02/12/21 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/15/21 Senate: Read third time
- 02/15/21 Senate: Defeated by Senate (18-Y 21-N)
- 02/15/21 Senate: Reconsideration of defeated action agreed to by Senate (39-Y 0-N)
- 02/15/21 Senate: Passed by for the day
- 02/16/21 Senate: Read third time
- 02/16/21 Senate: Reading of amendment waived
- 02/16/21 Senate: Passed by temporarily
- 02/16/21 Senate: Passed by for the day
- 02/17/21 Senate: Read third time
- 02/17/21 Senate: Amendment #1 by Senator Barker withdrawn
- 02/17/21 Senate: Reading of amendment waived
- 02/17/21 Senate: Passed by temporarily
- 02/17/21 Senate: Amendment #2 by Senator Barker withdrawn
- 02/17/21 Senate: Passed by for the day
- 02/18/21 Senate: Read third time
- 02/18/21 Senate: Reading of amendment waived
- 02/18/21 Senate: Amendment by Senator Barker agreed to
- 02/18/21 Senate: Engrossed by Senate as amended
- 02/18/21 Senate: Passed Senate with amendment (25-Y 14-N)
- 02/22/21 House: Placed on Calendar
- 02/22/21 House: Senate amendment agreed to by House (53-Y 44-N)
- 02/22/21 House: VOTE: Adoption (53-Y 44-N)
- 02/25/21 House: Enrolled
- 02/25/21 House: Bill text as passed House and Senate (HB2014ER)
- 02/25/21 Senate: Signed by President
- 02/26/21 House: Signed by Speaker
- 03/01/21 House: Enrolled Bill communicated to Governor on March 1, 2021
- 03/01/21 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
- 03/30/21 Governor: Approved by Governor-Chapter 410 (effective 7/1/21)
- 03/30/21 Governor: Acts of Assembly Chapter text (CHAP0410)