SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2013 SESSION

  • | print version

HB 1734 Virginia Residential Landlord and Tenant Act; technical amendments.

Introduced by: G. Manoli Loupassi | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Virginia Residential Landlord and Tenant Act. Provides that where there is more than one tenant subject to a rental agreement, unless otherwise agreed to in writing by each of the tenants, disposition of the security deposit shall be made with one check being payable to all such tenants and sent to the forwarding address provided by the tenants. If the tenants do not provide the landlord a forwarding address to enable the landlord to make a refund of the security deposit, upon the expiration of one year from the date of the end of the 45-day statutory period, the balance of the tenants' security deposit shall escheat to the Commonwealth and shall be paid into the state treasury and credited to the Virginia Housing Partnership Revolving Fund. Upon payment to the Commonwealth, the landlord shall have no further liability to the tenant relative to the security deposit and is deemed in compliance with real estate licensing laws and corresponding regulations of the Real Estate Board. The bill also allows a landlord to proceed to obtain possession of the premises when rent is unpaid within five days after the landlord's pay or quit notice because an electronic fund transfer has been rejected due to insufficient funds or a bad faith stop order on an electronic payment by the tenant. In addition, the bill provides in the case of a month-to-month tenancy for a single family residence the lease may provide for a notice of termination period other than 30 days. Under current law such tenancy may be terminated by either party giving 30 days' notice in writing, prior to the next rent due date, of his intention to terminate. The bill contains technical amendments.

SUMMARY AS PASSED HOUSE:

Virginia Residential Landlord and Tenant Act. Provides that where there is more than one tenant subject to a rental agreement, unless otherwise agreed to in writing by each of the tenants, disposition of the security deposit shall be made with one check being payable to all such tenants and sent to the forwarding address provided by the tenants. If the tenants do not provide the landlord a forwarding address to enable the landlord to make a refund of the security deposit, upon the expiration of one year from the date of the end of the 45-day statutory period, the balance of the tenants' security deposit shall escheat to the Commonwealth and shall be paid into the state treasury and credited to the Virginia Housing Partnership Revolving Fund. Upon payment to the Commonwealth, the landlord shall have no further liability to the tenant relative to the security deposit and is deemed in compliance with real estate licensing laws and corresponding regulations of the Real Estate Board. The bill also allows a landlord to proceed to obtain possession of the premises when rent is unpaid within five days after the landlord's pay or quit notice because an electronic fund transfer has been rejected due to insufficient funds or a bad faith stop order on an electronic payment by the tenant. The bill contains technical amendments.

SUMMARY AS INTRODUCED:

Virginia Residential Landlord and Tenant Act. Provides that where there is more than one tenant subject to a rental agreement, unless otherwise agreed to in writing by each of the tenants, disposition of the security deposit shall be joint and several, with one check being payable to all such tenants and sent to the forwarding address provided by the tenants. If the tenants do not provide the landlord a forwarding address to enable the landlord to make a refund of the security deposit, upon the expiration of one year from the date of the end of the 45-day statutory period, the balance of the tenants' security deposit shall escheat to the Commonwealth and shall be paid into the state treasury and credited to the Virginia Housing Partnership Revolving Fund. Upon payment to the Commonwealth, the landlord shall have no further liability to the tenant relative to the security deposit and is deemed in compliance with real estate licensing laws and corresponding regulations of the Real Estate Board. Among other things, the bill also (i) allows a landlord to proceed to obtain possession of the premises when rent is unpaid within five days after the landlord's pay or quit notice due to a failure of electronic payment or a bad faith stop order on an electronic payment by the tenant; (ii) removes the requirement that the rental agreement must first require a tenant to give notice of an anticipated extended absence before the landlord may recover actual damages from the tenant; and (iii) specifies notice of termination in periodic tenancies. The bill contains technical amendments.