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2011 SESSION

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HB 1611 Landlord and tenant laws; service of process may be accomplished by a sheriff, etc.

Introduced by: G. Glenn Oder-resigned 8/31/11 | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Landlord and tenant laws.  Provides that localities must have a uniform set of standards as provided in the Statewide Building Code for smoke detectors, and tenants must maintain smoke detectors; prohibits tenants from painting or altering a dwelling unit without the prior written approval of the landlord; and allows a private process server to serve process. The bill also allows a landlord to take legal action against a relocated tenant for noncompliance during the relocation; and in cases involving a deceased tenant, authorizes the landlord to dispose of such tenant's property if not claimed by the person identified on the lease to be notified in the event of the death of a tenant after the 10-day notice to such person. Currently, such person has 30 days after the 10-day notice to remove the decedent's property before it may be disposed of by the landlord. The bill further provides that withholding tax from a Virginia source for a nonresident landlord is not required where the landlord owns no more than four dwelling units and removes the grandfather provision for a rental inspection district created by Fairfax City before January 1, 2009.  Finally, the bill includes the following provisions that are subject to a reenactment clause: (i) authorizing service of process to be accomplished by a sheriff and for service to be received and accepted electronically provided sufficient proof of delivery is retained, and (ii) allowing the sheriff to charge an additional $10 for electronic service.


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