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2024 SESSION

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24104650D
SENATE BILL NO. 232 Offered January 10, 2024 Prefiled January 9, 2024 A BILL to amend and reenact §§ 55.1-1302, 55.1-1308, 55.1-1311, and 55.1-1315 of the Code of Virginia, relating to manufactured home parks; rights of residents. ---------- Patrons-- Hashmi and Boysko; Delegate: Shin ---------- Referred to Committee on General Laws and Technology ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 55.1-1302, 55.1-1308, 55.1-1311, and 55.1-1315 of the Code of Virginia are amended and reenacted as follows:

§ 55.1-1302. Term of rental agreement; renewal; security deposits.

A. A landlord shall offer all current and prospective year-round residents a rental agreement with a rental period of not less than one year. Such offer shall contain the same terms and conditions as are offered with shorter term leases, except that rental discounts may be offered by a landlord to residents who enter into a rental agreement for a period of not less than one year.

B. Upon the expiration of a rental agreement with a term of one year or more, the agreement shall be automatically renewed for a term of one year with the same terms unless the tenant notifies the landlord of an intent to not renew the agreement at least 60 days prior to the expiration date or the landlord provides written notice to the tenant of any change in the terms of the agreement at least 60 days prior to the expiration date. If the tenant notifies the landlord within 30 days of receiving notice of the change in terms that he does not agree to such change in terms, such tenant may choose to not renew the rental agreement unless the landlord agrees to maintain the same terms as those in the current agreement. In the case of an automatic renewal of a rental agreement for a year-round resident, the security deposit initially furnished by the tenant shall not be increased by the landlord, nor shall an additional security deposit be required.

C. Except as limited by subsection B, the provisions of § 55.1-1226 shall govern the terms and conditions of security deposits for rental agreements under this chapter.

D. A landlord may include in a written rental agreement a fee to be imposed on the tenant if rent is unpaid when due. No such late fee shall exceed 10 percent of the amount of rent past due and owed by the tenant.

§ 55.1-1308. Termination of tenancy.

A. Either party may terminate a rental agreement with a term of 60 days or more less than one year by giving written notice to the other at least 60 days prior to the termination date; however, the rental agreement may require a longer period of notice. Notwithstanding the provisions of this section, where a landlord and seller of a manufactured home have in common (i) one or more owners, (ii) immediate family members, or (iii) officers or directors, the rental agreement shall be renewed except for reasons that would justify a termination of the rental agreement or eviction by the landlord as authorized by this chapter. A landlord may not cause the eviction of a tenant by willfully interrupting gas, electricity, water, or any other essential service, or by removal of the manufactured home from the manufactured home lot, or by any other willful self-help measure.

B. If the termination is A landlord may terminate a rental agreement of any length due to a change in the use of all or any part of a manufactured home park by the landlord, including conversion to hotel, motel, or other commercial use, planned unit development, rehabilitation, or demolition, by delivering to each tenant, by certified mail, a 180-day written notice is required to terminate a stating the date upon which the rental agreement will terminate and the reason for the termination. Such termination notice requirement shall not be waived; however, a period of less than 180 days may be agreed upon by both the landlord and tenant in a written agreement separate from the rental agreement executed after such notice is given. The notice required by this section may be sent concurrently with the notice of intent to sell required by § 55.1-1308.2.

§ 55.1-1311. Other provisions of law applicable.

Section 55.1-1202, subsection A of § 55.1-1204, §§ 55.1-1207, 55.1-1208, 55.1-1216, 55.1-1224, 55.1-1226, 55.1-1228, 55.1-1234 through 55.1-1249, 55.1-1251, 55.1-1252, and 55.1-1259 shall, insofar as they are not inconsistent with this chapter, apply, mutatis mutandis, to the rental and occupancy of a manufactured home lot.

§ 55.1-1315. Eviction of tenant.

A landlord may evict a tenant only for:

1. Nonpayment of rent;

2. Violation of the applicable building and housing code caused by a lack of reasonable care by the tenant, a member of the tenant's household, or a guest or invitee of the tenant;

3. Violation of a federal, state, or local law or ordinance that is detrimental to the health, safety, and welfare of other tenants in the manufactured home park; or

4. Violation of any rule or provisions of the rental agreement materially affecting the health, safety, and welfare of the tenant or others; or

5. Two or more violations of any rule or provision of the rental agreement occurring within a six-month period.