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2024 SESSION
24104621DBe it enacted by the General Assembly of Virginia:
1. That §§ 55.1-1236 and 55.1-1245 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 55.1-1245.1 as follows:
§ 55.1-1236. Early termination of rental agreements by victims of family abuse, sexual abuse, or criminal sexual assault.
A. Any tenant who is a victim of (i) family abuse as defined by § 16.1-228, (ii) sexual abuse as defined by § 18.2-67.10, or (iii) other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 may terminate such tenant's obligations under a rental agreement under the following circumstances:
1. The victim has obtained an order of protection pursuant to § 16.1-279.1 and has given written notice of termination in accordance with subsection B during the period of the protective order or any extension thereof; or
2. A court has entered an order convicting a perpetrator of any crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, sexual abuse as defined by § 18.2-67.10, or family abuse as defined by § 16.1-228 against the victim and the victim gives written notice of termination in accordance with subsection B. A victim may exercise a right of termination under this section to terminate a rental agreement in effect when the conviction order is entered and one subsequent rental agreement based upon the same conviction.
B. A tenant who qualifies to terminate such tenant's obligations under a rental agreement pursuant to subsection A shall do so by serving on the landlord a written notice of termination to be effective on a date stated in such written notice, such date to be not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given. When the tenant serves the termination notice on the landlord, the tenant shall also provide the landlord with a copy of (i) the order of protection issued or (ii) the conviction order.
C. The rent shall be payable at such time as would otherwise have been required by the terms of the rental agreement through the effective date of the termination as provided in subsection B.
D. The landlord may not charge any liquidated damages.
E. The victim's obligations as a tenant under § 55.1-1227 shall continue through the effective date of the termination as provided in subsection B. Any co-tenants on the lease with the victim shall remain responsible for the rent for the balance of the term of the rental agreement. If the perpetrator is the remaining sole tenant obligated on the rental agreement, the landlord may terminate the rental agreement and collect actual damages for such termination against the perpetrator pursuant to § 55.1-1251.
F. If the tenant is a victim of family abuse as defined in § 16.1-228 that occurred in the dwelling unit or on the premises and the perpetrator is barred from the dwelling unit pursuant to § 55.1-1246 on the basis of information provided by the tenant to the landlord, or by a protective order from a court of competent jurisdiction pursuant to § 16.1-253.1 or 16.1-279.1 or subsection B of § 20-103, the lease shall not terminate solely due to an act of family abuse against the tenant. However, these provisions shall not be applicable if (i) the tenant fails to provide written documentation corroborating the tenant's status as a victim of family abuse and the exclusion from the dwelling unit of the perpetrator no later than 21 days from the alleged offense or (ii) the perpetrator returns to the dwelling unit or the premises, in violation of a bar notice, and the tenant fails to promptly notify the landlord within 24 hours that the perpetrator has returned to the dwelling unit or the premises, unless the tenant proves by a preponderance of the evidence that the tenant had no actual knowledge that the perpetrator violated the bar notice, or it was not possible for the tenant to notify the landlord within 24 hours, in which case the tenant shall promptly notify the landlord, but in no event later than seven days. If the provisions of this subsection are not applicable, the tenant shall remain responsible for the acts of the other co-tenants, authorized occupants, or guests or invitees pursuant to § 55.1-1227 and is subject to termination of the tenancy pursuant to the lease and this chapter.
§ 55.1-1245. (Effective until the later of July 1, 2028 or seven years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty.
A. Except as otherwise provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a violation of § 55.1-1227 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 30 days after receipt of the notice if the breach is not remedied in 21 days and that the rental agreement shall terminate as provided in the notice.
B.
If the breach is remediable by repairs or the payment of damages or otherwise
and the tenant adequately remedies the breach prior to the date specified in
the notice, the rental agreement shall not terminate.
C.
If the tenant commits a breach that 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 30 days after receipt of the notice.
B. Notwithstanding anything to the contrary, when a breach
of the tenant's obligations under this chapter or the
rental agreement involves or constitutes a criminal or a willful act that is
not remediable and that poses a threat to health or safety, the landlord may
terminate the rental agreement immediately and proceed to obtain possession of
the premises. For purposes of this subsection, any illegal drug activity
involving a controlled substance, as used or defined by the Drug Control Act (§
54.1-3400 et seq.), or any activity that involves or constitutes a criminal or
willful act that also poses a threat to health and safety, by the tenant, an
authorized occupant, or a guest or invitee of the tenant shall constitute an
immediate nonremediable violation for which the landlord may proceed to
terminate the tenancy without the necessity of waiting for a conviction of any criminal
offense that may arise out of the same actions. In order to obtain an order of
possession from a court of competent jurisdiction terminating the tenancy for
illegal drug activity or for any other activity that involves or constitutes a
criminal or willful act that also poses a threat to health and safety, the
landlord shall prove any such violations by a preponderance of the evidence.
However, where the illegal drug activity or any activity that involves or
constitutes a criminal or willful act that also poses a threat to health and
safety is engaged in by an authorized occupant or a guest or invitee of the
tenant, the tenant shall be presumed to have knowledge of such activities
unless the presumption is rebutted by a preponderance of the evidence. The
initial hearing on the landlord's action for immediate possession of the
premises shall be held within 15 seven calendar days from the
date of service on the tenant; however, the
court shall order an earlier hearing when emergency conditions are alleged to
exist upon the premises that constitute an immediate threat to the health or
safety of the other tenants. After the initial hearing, if
the matter is scheduled for a subsequent hearing or for a contested trial, the
court, to the extent practicable, shall order that the matter be given priority
on the court's docket. Such subsequent hearing or contested trial shall be
heard no later than 30 7 calendar days from the date
of service on the tenant. During the interim period between the date of the
initial hearing and the date of any subsequent hearing or contested trial, the
court may afford any further remedy or relief as is necessary to protect the
interests of parties to the proceeding or the interests of any other tenant
residing on the premises. Failure by the court to hold either of the hearings
within the time limits set out in this section shall not be a basis for
dismissal of the case.
D. If the tenant is
a victim of family abuse as defined in § 16.1-228 that occurred in the dwelling
unit or on the premises and the perpetrator is barred from the dwelling unit
pursuant to § 55.1-1246 on the basis of information provided by the tenant to
the landlord, or by a protective order from a court of competent jurisdiction
pursuant to § 16.1-253.1 or 16.1-279.1 or subsection B of § 20-103, the lease
shall not terminate solely due to an act of family abuse against the tenant.
However, these provisions shall not be applicable if (i) the tenant fails to
provide written documentation corroborating the tenant's status as a victim of
family abuse and the exclusion from the dwelling unit of the perpetrator no
later than 21 days from the alleged offense or (ii) the perpetrator returns to
the dwelling unit or the premises, in violation of a bar notice, and the tenant
fails to promptly notify the landlord within 24 hours that the perpetrator has
returned to the dwelling unit or the premises, unless the tenant proves by a
preponderance of the evidence that the tenant had no actual knowledge that the
perpetrator violated the bar notice, or it was not possible for the tenant to
notify the landlord within 24 hours, in which case the tenant shall promptly
notify the landlord, but in no event later than seven days. If the provisions
of this subsection are not applicable, the tenant shall remain responsible for
the acts of the other co-tenants, authorized occupants, or guests or invitees
pursuant to § 55.1-1227 and is subject to termination of the tenancy pursuant
to the lease and this chapter.
E. C. If
the tenant has been served with a prior written notice that 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 30 days after receipt of the notice.
F. D. 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 §
55.1-1251. If a check for rent is delivered to the landlord drawn on an account
with insufficient funds, or if an electronic funds transfer has been rejected
because of insufficient funds or a stop-payment order has been placed in bad
faith by the authorizing party, 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, certified check, or a completed
electronic funds transfer within the five-day period, the landlord may
terminate the rental agreement and proceed to obtain possession of the premises
as provided in § 55.1-1251. Nothing shall be construed to prevent a landlord
from seeking an award of costs or attorney fees under § 8.01-27.1 or civil
recovery under § 8.01-27.2, as a part of other damages requested on the
unlawful detainer filed pursuant to § 8.01-126, provided that the landlord has
given notice in accordance with § 55.1-1202, which notice may be included in
the five-day termination notice provided in accordance with this section.
G. E. Except
as otherwise provided in this chapter, the landlord may recover damages and
obtain injunctive relief for any noncompliance by the tenant with the rental
agreement or § 55.1-1227. In the event of a breach of the rental agreement or
noncompliance by the tenant, the landlord shall be entitled to recover from the
tenant the following, regardless of whether a lawsuit is filed or an order is
obtained from a court: (i) rent due and owing as contracted for in the rental
agreement, (ii) other charges and fees as contracted for in the rental
agreement, (iii) late charges contracted for in the rental agreement, (iv)
reasonable attorney fees as contracted for in the rental agreement or as
provided by law, (v) costs of the proceeding as contracted for in the rental
agreement or as provided by law only if court action has been filed, and (vi)
damages to the dwelling unit or premises as contracted for in the rental
agreement.
H. F. In
a case where a lawsuit is pending before the court upon a breach of the rental
agreement or noncompliance by the tenant and the landlord prevails, the court
shall award a money judgment to the landlord and against the tenant for the
relief requested, which may include the following: (i) rent due and owing as of
the court date as contracted for in the rental agreement; (ii) other charges
and fees as contracted for in the rental agreement; (iii) late charges
contracted for in the rental agreement; (iv) reasonable attorney fees as
contracted for in the rental agreement or as provided by law, unless in any
such action the tenant proves by a preponderance of the evidence that the
tenant's failure to pay rent or vacate was reasonable; (v) costs of the
proceeding as contracted for in the rental agreement or as provided by law; and
(vi) damages to the dwelling unit or premises.
I. 1. A landlord
who owns more than four rental dwelling units or more than a 10 percent
interest in more than four rental dwelling units, whether individually or
through a business entity, in the Commonwealth, shall not take any adverse
action, as defined in 15 U.S.C. § 1681a(k), against an applicant for tenancy
based solely on payment history or an eviction for nonpayment of rent that
occurred during the period beginning on March 12, 2020, and ending 30 days
after the expiration or revocation of any state of emergency declared by the
Governor related to the COVID-19 pandemic.
2. If such a
landlord denies an applicant for tenancy, then the landlord shall provide to
the applicant written notice of the denial and of the applicant's right to
assert that his failure to qualify was based upon payment history or an
eviction based on nonpayment of rent that occurred during the period beginning
on March 12, 2020, and ending 30 days after the expiration or revocation of any
state of emergency related to the COVID-19 pandemic. The written notice of
denial shall include the statewide legal aid telephone number and website
address and shall inform the applicant that he must assert his right to
challenge the denial within seven days of the postmark date. If the landlord
does not receive a response from the applicant within seven days of the
postmark date, the landlord may proceed. If, in addition to the written notice,
the landlord provides notice to the applicant by electronic or telephonic means
using an email address, telephone number, or other contact information provided
by the applicant informing the applicant of his denial and right to assert that
his failure to qualify was based upon payment history or an eviction based on
nonpayment of rent that occurred during the period beginning on March 12, 2020,
and ending 30 days after the expiration or revocation of any state of emergency
related to the COVID-19 pandemic and the tenant does not make such assertion
that the failure to qualify was the result of such payment history or eviction
prior to the close of business on the next business day, the landlord may
proceed. The landlord must be able to validate the date and time that any
communication sent by electronic or telephonic means was sent to the applicant.
If a landlord does receive a response from the applicant asserting such a
right, and the landlord relied upon a consumer or tenant screening report, the
landlord shall make a good faith effort to contact the generator of the report
to ascertain whether such determination was due solely to the applicant for
tenancy's payment history or an eviction for nonpayment that occurred during
the period beginning on March 12, 2020, and ending 30 days after the expiration
or revocation of any state of emergency declared by the Governor related to the
COVID-19 pandemic. If the landlord does not receive a response from the
generator of the report within three business days of requesting the
information, the landlord may proceed with using the information from the
report without additional action.
3. If such a
landlord does not comply with the provisions of this subsection, the applicant
for tenancy may recover statutory damages of $1,000, along with attorney fees.
§ 55.1-1245.1. Tenant noncompliance during the COVID-19 pandemic; landlord prohibited from taking certain adverse actions.
A. A landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth, shall not take any adverse action, as defined in 15 U.S.C. § 1681a(k), against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during the period beginning on March 12, 2020, and ending 30 days after the expiration or revocation of any state of emergency declared by the Governor related to the COVID-19 pandemic.
B. If such a landlord denies an applicant for tenancy, then the landlord shall provide to the applicant written notice of the denial and of the applicant's right to assert that his failure to qualify was based upon payment history or an eviction based on nonpayment of rent that occurred during the period beginning on March 12, 2020, and ending 30 days after the expiration or revocation of any state of emergency related to the COVID-19 pandemic. The written notice of denial shall include the statewide legal aid telephone number and website address and shall inform the applicant that he must assert his right to challenge the denial within seven days of the postmark date. If the landlord does not receive a response from the applicant within seven days of the postmark date, the landlord may proceed. If, in addition to the written notice, the landlord provides notice to the applicant by electronic or telephonic means using an email address, telephone number, or other contact information provided by the applicant informing the applicant of his denial and right to assert that his failure to qualify was based upon payment history or an eviction based on nonpayment of rent that occurred during the period beginning on March 12, 2020, and ending 30 days after the expiration or revocation of any state of emergency related to the COVID-19 pandemic and the tenant does not make such assertion that the failure to qualify was the result of such payment history or eviction prior to the close of business on the next business day, the landlord may proceed. The landlord must be able to validate the date and time that any communication sent by electronic or telephonic means was sent to the applicant. If a landlord does receive a response from the applicant asserting such a right, and the landlord relied upon a consumer or tenant screening report, the landlord shall make a good faith effort to contact the generator of the report to ascertain whether such determination was due solely to the applicant for tenancy's payment history or an eviction for nonpayment that occurred during the period beginning on March 12, 2020, and ending 30 days after the expiration or revocation of any state of emergency declared by the Governor related to the COVID-19 pandemic. If the landlord does not receive a response from the generator of the report within three business days of requesting the information, the landlord may proceed with using the information from the report without additional action.
C. If such a landlord does not comply with the provisions of this subsection, the applicant for tenancy may recover statutory damages of $1,000, along with attorney fees.
2. That the second enactment of Chapter 47 of the Acts of Assembly of 2020, Special Session I, is amended and reenacted as follows:
2. That the provisions of this act shall expire either seven years after the expiration of any
state of emergency declared by the Governor related to the COVID-19 pandemic or
on July 1, 2028, whichever is later
on July 1, 2024.
3. That the provisions of § 55.1-1245.1 of the Code of Virginia, as created by this act, shall expire on July 1, 2028.