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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 | history

SUMMARY AS PASSED:

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.

SUMMARY AS PASSED HOUSE:

Landlord and tenant laws.  Provides that service of process may be accomplished by a sheriff and service may be received and accepted electronically provided sufficient proof of delivery is retained; increases the fee which may be charged from $12 to $25; and allows the sheriff to charge an additional $10 for electronic service. The bill defines private process server. The bill also provides that (i) localities must have a uniform set of standards as provided in the Statewide Building Code for smoke detectors, and tenants must maintain smoke detectors and (ii) that tenants cannot paint or alter a dwelling unit without the prior written approval of the landlord. The bill allows a landlord to take legal action against a relocated tenant for noncompliance during the relocation; and in cases involving a deceased tenant, such tenant's property to disposed of by the landlord 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 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. Finally the bill removes the grandfather for a rental inspection district created by Fairfax City before January 1, 2009.

SUMMARY AS INTRODUCED:

Landlord and tenant laws.  Provides that service of process may be accomplished by a sheriff or a private process server, and service may be received and accepted electronically provided sufficient proof of delivery is retained; increases the fee which may be charged from $12 to $25; and allows the sheriff or private process server to charge an additional $10 for electronic service. The bill defines private process server. The bill also provides that (i) localities must have a uniform set of standards as provided in the Statewide Building Code for smoke detectors, and tenants must maintain smoke detectors and (ii) that tenants cannot paint or alter a dwelling unit without the prior written approval of the landlord. The bill removes the 30-day limitation on relocation of a tenant for a nonemergency situation; allows a landlord to take legal action against a relocated tenant for noncompliance during the relocation; and reduces from 45 to 14, the number of days within which the landlord has to give notice of termination to a tenant because of the damage which caused the relocation. The bill also allows, in cases involving a deceased tenant, such tenant's property to disposed of by the landlord 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 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. Finally the bill removes the grandfather for rental inspection district created by localities before January 1, 2009.