Bill Summary

Virginia Residential Landlord and Tenant Act; landlord remedies; landlord’s acceptance of rent with reservation; tenant’s right of redemption. Prohibits a landlord from accepting full payment of rent, as well as any damages, money judgment, award of attorney fees, and court costs, from a tenant and receiving an order of possession pursuant to an unlawful detainer action and proceeding with eviction, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord. Under current law, a landlord may accept full or partial payment of all rent and receive an order of possession pursuant to an unlawful detainer action and proceed with eviction, provided that he has stated in a written notice to the tenant that any and all amounts owed to the landlord by the tenant, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, would be accepted with reservation and would not constitute a waiver of the landlord’s right to evict the tenant from the dwelling unit. The bill provides specific language that must be included within such notice, and requires a landlord who elects to seek possession of the dwelling unit to provide a copy of the notice to the court for service to the tenant along with the summons for unlawful detainer. The bill also allows tenants to exercise the right of redemption in unlawful detainer actions an unlimited number of times. Under current law, tenants may only exercise the right of redemption once during any 12-month period of continuous residency in the dwelling unit, regardless of the term of the rental agreement or any renewal term of the rental agreement. The bill directs the Director of the Department of Housing and Community Development (Director) to develop a sample termination notice to be maintained on the Department of Housing and Community Development’s (Department) website that includes language referencing acceptance of rent with reservation by a landlord following a breach of a lease by a tenant, and requires the Department to convene a stakeholder group to provide input to the Director regarding the development of such sample termination notice. Virginia Residential Landlord and Tenant Act; landlord remedies; landlord’s acceptance of rent with reservation; tenant’s right of redemption. Prohibits a landlord from accepting full payment of rent, as well as any damages, money judgment, award of attorney fees, and court costs, from a tenant and receiving an order of possession pursuant to an unlawful detainer action and proceeding with eviction, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord. Under current law, a landlord may accept full or partial payment of all rent and receive an order of possession pursuant to an unlawful detainer action and proceed with eviction, provided that he has stated in a written notice to the tenant that any and all amounts owed to the landlord by the tenant, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, would be accepted with reservation and would not constitute a waiver of the landlord’s right to evict the tenant from the dwelling unit. The bill provides specific language that must be included within such notice, and requires a landlord who elects to seek possession of the dwelling unit to provide a copy of the notice to the court for service to the tenant along with the summons for unlawful detainer. The bill also allows tenants to exercise the right of redemption in unlawful detainer actions an unlimited number of times. Under current law, tenants may only exercise the right of redemption once during any 12-month period of continuous residency in the dwelling unit, regardless of the term of the rental agreement or any renewal term of the rental agreement. The bill directs the Director of the Department of Housing and Community Development (Director) to develop a sample termination notice to be maintained on the Department of Housing and Community Development’s (Department) website that includes language referencing acceptance of rent with reservation by a landlord following a breach of a lease by a tenant, and requires the Department to convene a stakeholder group to provide input to the Director regarding the development of such sample termination notice.

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Status

Votes

Date Action Vote Document
2021-01-28House: Subcommittee recommends reporting with substitute (6-Y 2-N)Yea: 6 No: 2 Other: 0Document
2021-01-28House: Subcommittee recommends reporting with substitute (6-Y 2-N)Yea: 6 No: 2 Other: 0Document
2021-02-02House: Reported from General Laws with substitute (14-Y 7-N)Yea: 14 No: 7 Other: 1Document
2021-02-05House: VOTE: Passage (56-Y 42-N)Yea: 56 No: 42 Other: 2Document
2021-02-05Senate: Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)Yea: 14 No: 0 Other: 0Document

Amendments

no data available at this time.

Bill History

Date Action
2021-02-05Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
2021-02-05Referred to Committee on General Laws and Technology
2021-02-05Constitutional reading dispensed
2021-02-05VOTE: Passage (56-Y 42-N)
2021-02-05Read third time and passed House (56-Y 42-N)
2021-02-04Engrossed by House - committee substitute HB2014H1
2021-02-04Committee substitute agreed to 21104047D-H1
2021-02-04Read second time
2021-02-03Read first time
2021-02-02Committee substitute printed 21104047D-H1
2021-02-02Reported from General Laws with substitute (14-Y 7-N)
2021-01-28Subcommittee recommends reporting with substitute (6-Y 2-N)
2021-01-28Subcommittee recommends reporting with substitute (6-Y 2-N)
2021-01-17Assigned GL sub: Housing/Consumer Protection
2021-01-12Referred to Committee on General Laws
2021-01-12Prefiled and ordered printed; offered 01/13/21 21102649D

Sponsors

Name District
Marcia PriceHD-095
Joshua ColeHD-028
Dawn AdamsHD-068
Jeffrey BourneHD-071
Lee CarterHD-050
Elizabeth GuzmanHD-031
Dan HelmerHD-040
Patrick HopeHD-047
Mark KeamHD-035
Kaye KoryHD-038
Mark LevineHD-045
Kenneth PlumHD-036
Sam RasoulHD-011
Danica RoemHD-013
Ibraheem SamirahHD-086
Marcus SimonHD-053
Jeion WardHD-092
Vivian WattsHD-039