SB354: Virginia Residential Landlord and Tenant Act; expedited evictions for nonremediable breaches.
Be it enacted by the General Assembly of Virginia:
1. That §§ 55-239 and 55-248.31 of the Code of Virginia are amended and reenacted as follows:
§ 55-239. Proceedings to establish right of reentry, and judgment therefor; expedited eviction.
A. Any person who shall have a right of reentry into lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant or condition, may serve a declaration in ejectment on the tenant in possession, when there shall be such tenant, or, if the possession be vacant, by affixing the declaration upon the chief door of any messuage, or at any other notorious place on the premises, and such service shall be in lieu of a demand and reentry; and upon proof to the court, by affidavit in case of judgment by default or upon proof on the trial, that the rent claimed was due and no sufficient distress was upon the premises, or that the covenant or condition was broken before the service of the declaration and that the plaintiff had power thereupon to reenter, he shall recover judgment and have execution for such lands.
B. 1. If the tenant commits a breach that is not remediable, the landlord may serve a written notice on the tenant specifying the acts or omissions constituting the breach and stating that the lease will terminate upon a date not less than 30 days after receipt of the notice.
2. Notwithstanding anything to the contrary contained elsewhere in this chapter, when a breach of the tenant's obligations under this chapter or the lease involves a criminal or willful act that is not remediable and that poses a threat to health or safety, the landlord may terminate the lease immediately and proceed to obtain possession of the premises. For purposes of this subsection, (i) any illegal drug activity involving a controlled substance, as that term is used or defined by the Drug Control Act (§ 54.1-3400 et seq.), by the tenant, the tenant's authorized occupants, or the tenant's guests or business invitees or (ii) continued disturbances of the peace by the tenant, the tenant's authorized occupants, or the tenant's guests or business invitees, 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.
3. In order to obtain an order of possession from a court of competent jurisdiction terminating the tenancy for illegal drug activity or for persistent disturbances of the peace pursuant to subdivision 2, or for any other action that involves or constitutes a criminal or willful act, the landlord shall prove any such violations by a preponderance of the evidence. The landlord shall provide evidence by sworn statement executed before a notary public under the penalty of perjury for false statement. However, where the illegal drug activity or continued disturbances of the peace are engaged in by a tenant's authorized occupants, or the tenant's guests or business invitees, the tenant shall be presumed to have knowledge of such illegal drug activity or continued disturbances of the peace, unless the presumption is rebutted by a preponderance of the evidence.
4. The initial hearing on the landlord's action for immediate possession of the premises shall be held within 15 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 and 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 the matter be given priority on the court's docket. Such subsequent hearing or contested trial shall be heard no later than 30 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 the parties to the proceeding or the interests of any other tenant on the premises. Failure by the court to hold either of the hearings within the time limits set out in this subsection shall not be a basis for dismissal of the case.
§ 55-248.31. Noncompliance with rental agreement; monetary penalty.
A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a violation of § 55-248.16 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 which 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.
Notwithstanding anything to the contrary contained elsewhere in this chapter,
when a breach of the tenant's obligations under this chapter or the rental
agreement involves or constitutes a criminal or a willful act, which is not
remediable and which 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.), by the tenant, the tenant's authorized occupants, or the tenant's
guests or invitees, 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 action that involves or constitutes a criminal or willful act, the
landlord shall prove any such violations by a preponderance of the evidence.
However, where the illegal drug activity is engaged in by a tenant's authorized
occupants, or guests or invitees, the tenant shall be presumed to have
knowledge of such illegal drug activity 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 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 which
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 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 herein shall not be a basis for dismissal of the
case. In the case of nonremediable breach:
1. If the tenant commits a breach that is not remediable, the landlord may serve a written notice on the tenant specifying the acts or 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.
2. Notwithstanding anything to the contrary contained elsewhere in this chapter, when a breach of the tenant's obligations under this chapter or the rental agreement involves a criminal or 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, (i) any illegal drug activity involving a controlled substance, as that term is used or defined by the Drug Control Act (§ 54.1-3400 et seq.), by the tenant, the tenant's authorized occupants, or the tenant's guests or invitees or (ii) continued disturbances of the peace by the tenant, the tenant's authorized occupants, or the tenant's guests or invitees 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. For the purpose of this section, "continued disturbances of the peace" means three or more separate incidents occurring during the term of the rental agreement that are documented by the landlord or another tenant residing at the premises. Such documentation shall include, but is not limited to, reports to the law-enforcement department for the county, city, or town in which the premises are situated or evidence of extensive damage to the premises rented to the tenant beyond usual and reasonable wear and tear, the building in which the premises are a part, or the premises or personal property of other tenants.
3. In order to obtain an order of possession from a court of competent jurisdiction terminating the tenancy for illegal drug activity, continued disturbances of the peace, or any other action that involves or constitutes a criminal or willful act, the landlord shall prove any such violations by a preponderance of the evidence. The landlord shall provide evidence by sworn statement executed before a notary public under the penalty of perjury for false statement. However, where the illegal drug activity or persistent disturbances of the peace are engaged in by a tenant's authorized occupants, or a tenant's guests or invitees, the tenant shall be presumed to have knowledge of such illegal drug activity or continued disturbances of the peace, unless the presumption is rebutted by a preponderance of the evidence.
4. The initial hearing on the landlord's action for immediate possession of the premises shall be held within 15 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 and safety of 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 the matter be given priority on the court's docket. Such subsequent hearing or contested trial shall be heard no later than 30 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 the 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 subsection 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 § 55-248.31:01 based upon 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, 16.1-279.1, or subsection B of § 20-103, the lease shall not terminate due solely 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 promptly to notify the landlord within 24 hours thereafter 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 more than 7 days thereafter. 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 § 55-248.16, and is subject to termination of the tenancy pursuant to the lease and this chapter.
E. If the tenant has been served with a prior written notice which 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. 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 § 55-248.35. 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 § 55-248.35. 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 the landlord has given notice in accordance with § 55-248.6, which notice may be included in the five-day termination notice provided in accordance with this section.
G. Except as provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or § 55-248.16. The landlord shall be entitled to recover reasonable attorney fees unless the tenant proves by a preponderance of the evidence that the failure of the tenant to pay rent or vacate the premises was reasonable. If the rental agreement provides for the payment of reasonable attorney fees in the event of a breach of the agreement or noncompliance by the tenant, the landlord shall be entitled to recover and the court shall award reasonable attorney fees in any action based upon the tenancy in which the landlord prevails, including but not limited to actions for damages to the dwelling unit or premises, or additional rent, regardless of any previous action to obtain possession or rent, 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.
SENATE BILL NO. 354
Be it enacted by the General Assembly of Virginia:
1. That § 55-248.31 of the Code of Virginia is amended and reenacted as follows:
§ 55-248.31. Noncompliance with rental agreement; monetary penalty.
A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a violation of § 55-248.16 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 which 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. Notwithstanding anything to the contrary
contained elsewhere in this chapter, when a breach of the tenant's obligations
under this chapter or the rental agreement involves or constitutes a criminal
or a willful act, which is not remediable and which 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.), by the tenant, the tenant's
authorized occupants, or the tenant's guests or invitees, 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 action that involves or constitutes a
criminal or willful act, the landlord shall prove any such violations by a
preponderance of the evidence. However, where the illegal drug activity is
engaged in by a tenant's authorized occupants, or guests or invitees, the
tenant shall be presumed to have knowledge of such illegal drug activity 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 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 which 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 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 herein shall not be
a basis for dismissal of the case. In the case
of nonremediable breach.
1. If the tenant commits a breach that is not remediable, the landlord may serve a written notice on the tenant specifying the acts or possessions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice.
2. Notwithstanding anything to the contrary contained elsewhere in this chapter, when a breach of the tenant's obligations under this chapter or rental agreement involves a criminal or 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, (i) any illegal drug activity involving a controlled substance, as used or defined by the Drug Control Act (§ 54.1-3400 et seq.), by the tenant, the tenant's authorized occupants, or the tenant's guests or invitees or (ii) continued disturbances of the peace by the tenant, the tenant's authorized occupants, or the tenant's guests or invitees 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. For the purpose of this section, "continued disturbances of the peace" means three or more separate incidents occurring during the term of the rental agreement that are documented by the landlord or another tenant residing at the premises. Such documentation shall include, but is not limited to, reports to the law-enforcement department for the county, city, or town in which the premises are situated or evidence of extensive damage to the premises rented to the tenant beyond usual and reasonable wear and tear, the building in which the premises are a part, or the premises or personal property of other tenants.
3. In order to obtain an order of possession from a court of competent jurisdiction terminating the tenancy for illegal drug activity, persistent disturbances of the peace, or any other action that involves or constitutes a criminal or willful act, the landlord shall prove any such violations by a preponderance of the evidence. The landlord shall provide evidence by sworn statement executed before a notary public under the penalty of perjury for false statement. However, where the illegal drug activity or persistent disturbances of the peace are engaged in by a tenant's authorized occupants, or a tenant's guests or invitees, the tenant shall be presumed to have knowledge of such illegal drug activity or persistent disturbances of the peace, unless the presumption is rebutted by a preponderance of the evidence.
4. The initial hearing on the landlord's action for immediate possession of the premises shall be held within 15 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 and safety of 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 the matter be given priority on the court's docket. Such subsequent hearing or contested trial shall be heard no later than 30 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 the 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 herein 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 § 55-248.31:01 based upon 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, 16.1-279.1, or subsection B of § 20-103, the lease shall not terminate due solely 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 promptly to notify the landlord within 24 hours thereafter 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 more than 7 days thereafter. 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 § 55-248.16, and is subject to termination of the tenancy pursuant to the lease and this chapter.
E. If the tenant has been served with a prior written notice which 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. 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 § 55-248.35. 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 § 55-248.35. 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 the landlord has given notice in accordance with § 55-248.6, which notice may be included in the five-day termination notice provided in accordance with this section.
G. Except as provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or § 55-248.16. The landlord shall be entitled to recover reasonable attorney fees unless the tenant proves by a preponderance of the evidence that the failure of the tenant to pay rent or vacate the premises was reasonable. If the rental agreement provides for the payment of reasonable attorney fees in the event of a breach of the agreement or noncompliance by the tenant, the landlord shall be entitled to recover and the court shall award reasonable attorney fees in any action based upon the tenancy in which the landlord prevails, including but not limited to actions for damages to the dwelling unit or premises, or additional rent, regardless of any previous action to obtain possession or rent, 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.