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1995 SESSION

LD0770180
HOUSE BILL NO. 509
Offered January 24, 1994
A BILL to amend and reenact § 55-248.31 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act.
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Patrons--Croshaw, Albo, Armstrong, Cooper, Davies, Dickinson, Forbes, Hall, Jackson, McClure, Miller, Moore, Orrock, Reid, Robinson, Wagner and Woodrum
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That § 55-248.31 of the Code of Virginia is amended and reenacted as follows:

§ 55-248.31. Noncompliance with rental agreement; failure to pay rent.

Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a violation of § 55-248.16 materially affecting health and safety, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice if the breach is not remedied in twenty-one days, and that the rental agreement shall terminate as provided in the notice. If the breach is remediable by repairs or the payment of damages, including a late payment fee of no more than ten percent of the delinquent rent, if provided for in the rental agreement, or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate. If the tenant commits a breach which is not remediable, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice. Notwithstanding anything to the contrary contained elsewhere in this chapter, when a breach of the tenant's obligations under this chapter or the rental agreement involves or constitutes a criminal or a willful act, which is not remediable and which poses a threat to health or safety, the landlord may terminate the rental agreement immediately and proceed to obtain possession of the premises as provided in § 55-248.35.

If the tenant has been served with a prior written notice which required the tenant to remedy a breach, and the tenant remedied such breach, where the tenant intentionally commits a subsequent breach of a like nature as the prior breach, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the subsequent breach, make reference to the prior breach of a like nature, and state that the rental agreement will terminate upon a date not less than thirty days after receipt of the notice.

If rent is unpaid when due, and the tenant fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord's intention to terminate the rental agreement if the rent is not paid within the five-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in § 55-248.35 of this chapter. If a check for rent is delivered to the landlord drawn on an account with insufficient funds and the tenant fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment and of the landlord's intention to terminate the rental agreement if the rent is not paid by cash, cashier's check or certified check within the five-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in § 55-248.35. Except as provided in this chapter, the landlord may recover damages, including a late payment fee of no more than ten percent of the delinquent rent, if provided for in the rental agreement, and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or § 55-248.16. If the tenant's noncompliance is willful, the landlord may recover reasonable attorney's fees. Failure of the tenant either to pay the rent or to vacate the premises within five days after written notice of nonpayment given by the landlord shall be deemed willful noncompliance by the tenant, unless the failure to pay the rent or to vacate the premises is found by the court to be reasonable.