Landlord and tenant law; residential tenancies, landlord and tenant obligations and remedies. (HB2033)

Introduced By

Del. Jackson Miller (R-Manassas)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Landlord and tenant law; residential tenancies; landlord and tenant obligations and remedies. Provides that the Virginia Residential Landlord and Tenant Act ( 55-248.2 et seq.) (the Act) shall apply to all residential tenancies; however, a landlord who is a natural person, an estate, or a legal entity that owns no more than two single-family residential dwelling units in the same name subject to a rental agreement may opt out of the Act by stating so in the rental agreement. The bill conforms general landlord and tenant law relating to residential tenancies to the Act, including the security deposits, lease terms, notice, and disclosure provisions. The bill also provides for unclaimed security deposits to escheat to the State Literary Fund rather than the Virginia Housing Trust Fund and changes the requirement that a landlord make reasonable efforts to advise the tenant of the right to be present at the landlord's inspection to a requirement that written notice of the right be provided. The bill provides for a landlord to provide a tenant with a written statement of charges and payments over the previous 12 months rather than an accounting as required under current law. In addition, the bill includes any activity that involves or constitutes a criminal or willful act by the tenant or authorized occupants, guests, or invitees as an immediate nonremediable violation for which the landlord may terminate the tenancy. The bill also authorizes a landlord to dispose of the property of a deceased tenant within 30 days of the death if a personal representative has not been appointed by the circuit court. The landlord may proceed with the disposal after providing 10 days' notice. The bill (i) provides that authorized occupants, guests, or invitees must vacate the dwelling unit after the death of a sole tenant; (ii) allows a landlord to request during the pendency of an unlawful detainer action an order holding the tenant in contempt for failing to provide the landlord with access to the dwelling unit; (iii) adds oil to the utilities that may be include in ratio utility billing; (iv) requires the landlord to provide a written security deposit disposition statement following a move-out inspection and provides for the landlord to seek recovery for additional damages discovered after the security deposit disposition has been made; and (v) authorizes a landlord to retain an attorney to prepare or provide any required written notice and permits the use an electronic signature or an electronic notarization. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/10/2017Committee
01/10/2017Prefiled and ordered printed; offered 01/11/17 17101720D
01/10/2017Referred to Committee for Courts of Justice
01/16/2017Assigned Courts sub: Civil Law
01/18/2017Referred from Courts of Justice
01/18/2017Referred to Committee on General Laws
01/23/2017Assigned GL sub: Subcommittee #1
01/25/2017Impact statement from DPB (HB2033)
01/31/2017Subcommittee recommends reporting with substitute (7-Y 0-N)
02/02/2017Reported from General Laws with substitute (20-Y 0-N) (see vote tally)
02/02/2017Committee substitute printed 17104934D-H1
02/04/2017Read first time
02/06/2017Read second time
02/06/2017Committee substitute agreed to 17104934D-H1
02/06/2017Amendment by Delegate Miller agreed to
02/06/2017Engrossed by House - committee substitute with amendment HB2033EH1
02/06/2017Printed as engrossed 17104934D-EH1
02/07/2017Read third time and passed House BLOCK VOTE (97-Y 0-N)
02/07/2017VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
02/08/2017Constitutional reading dispensed
02/08/2017Referred to Committee on General Laws and Technology
02/13/2017Reported from General Laws and Technology (15-Y 0-N) (see vote tally)
02/15/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/15/2017Impact statement from DPB (HB2033EH1)
02/16/2017Read third time
02/16/2017Passed Senate (39-Y 0-N) (see vote tally)
02/16/2017Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/16/2017Passed Senate (40-Y 0-N) (see vote tally)
03/07/2017Enrolled
03/07/2017Bill text as passed House and Senate (HB2033ER)
03/07/2017Signed by Speaker
03/10/2017Signed by President
03/13/2017Enrolled Bill communicated to Governor on 3/13/17
03/13/2017G Governor's Action Deadline Midnight, March 27, 2017
03/13/2017Impact statement from DPB (HB2033ER)
03/24/2017G Approved by Governor-Chapter 730 (effective 7/1/17)
03/24/2017G Acts of Assembly Chapter text (CHAP0730)