Virginia Residential Landlord and Tenant Act; landlord's acceptance of rent with reservation. (HB2014)

Introduced By

Del. Cia Price (D-Newport News) with support from 18 copatrons, whose average partisan position is:

Those copatrons are Del. Dawn Adams (D-Richmond), Del. Jeff Bourne (D-Richmond), Del. Lee Carter (D-Manassas), Del. Josh Cole (D-Stafford), Del. Elizabeth Guzman (D-Dale City), Del. Dan Helmer (D-Fairfax Station), Del. Patrick Hope (D-Arlington), Del. Mark Keam (D-Vienna), Del. Kaye Kory (D-Falls Church), Del. Mark Levine (D-Alexandria), Del. Ken Plum (D-Reston), Del. Sam Rasoul (D-Roanoke), Del. Danica Roem (D-Manassas Park), Del. Ibraheem Samirah (D-Herndon), Del. Marcus Simon (D-Falls Church), Del. Jeion Ward (D-Hampton), Del. Vivian Watts (D-Annandale), Sen. Jennifer Boysko (D-Herndon)

Progress

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

Description

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 except that a landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, may limit a tenant's use of the right of redemption to once per lease period, provided that the landlord provides written notice of such limitation to the tenant. 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. Read the Bill »

Status

03/30/2021: signed by governor

History

DateAction
01/12/2021Prefiled and ordered printed; offered 01/13/21 21102649D
01/12/2021Referred to Committee on General Laws
01/17/2021Assigned GL sub: Housing/Consumer Protection
01/18/2021Impact statement from DPB (HB2014)
01/28/2021House subcommittee amendments and substitutes offered
01/28/2021Subcommittee recommends reporting with substitute (6-Y 2-N)
02/02/2021House committee, floor amendments and substitutes offered
02/02/2021Reported from General Laws with substitute (14-Y 7-N) (see vote tally)
02/02/2021Committee substitute printed 21104047D-H1
02/03/2021Read first time
02/04/2021Read second time
02/04/2021Committee substitute agreed to 21104047D-H1
02/04/2021Engrossed by House - committee substitute HB2014H1
02/05/2021Read third time and passed House (56-Y 42-N)
02/05/2021VOTE: Passage (56-Y 42-N) (see vote tally)
02/05/2021Constitutional reading dispensed
02/05/2021Referred to Committee on General Laws and Technology
02/05/2021Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N) (see vote tally)
02/10/2021Reported from General Laws and Technology (12-Y 2-N) (see vote tally)
02/12/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/15/2021Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (see vote tally)
02/15/2021Impact statement from DPB (HB2014H1)
02/15/2021Read third time
02/15/2021Defeated by Senate (18-Y 21-N) (see vote tally)
02/15/2021Reconsideration of defeated action agreed to by Senate (39-Y 0-N) (see vote tally)
02/15/2021Passed by for the day
02/16/2021Senate committee, floor amendments and substitutes offered
02/16/2021Read third time
02/16/2021Reading of amendment waived
02/16/2021Passed by temporarily
02/16/2021Passed by for the day
02/17/2021Senate committee, floor amendments and substitutes offered
02/17/2021Read third time
02/17/2021Amendment #1 by Senator Barker withdrawn
02/17/2021Reading of amendment waived
02/17/2021Passed by temporarily
02/17/2021Amendment #2 by Senator Barker withdrawn
02/17/2021Passed by for the day
02/18/2021Senate committee, floor amendments and substitutes offered
02/18/2021Read third time
02/18/2021Reading of amendment waived
02/18/2021Amendment by Senator Barker agreed to
02/18/2021Engrossed by Senate as amended
02/18/2021Passed Senate with amendment (25-Y 14-N) (see vote tally)
02/22/2021Placed on Calendar
02/22/2021Senate amendment agreed to by House (53-Y 44-N)
02/22/2021VOTE: Adoption (53-Y 44-N)
02/25/2021Enrolled
02/25/2021Bill text as passed House and Senate (HB2014ER)
02/25/2021Signed by President
02/26/2021Signed by Speaker
03/01/2021Impact statement from DPB (HB2014ER)
03/01/2021Enrolled Bill communicated to Governor on March 1, 2021
03/01/2021G Governor's Action Deadline 11:59 p.m., March 31, 2021
03/30/2021G Approved by Governor-Chapter 410 (effective 7/1/21)
03/30/2021G Acts of Assembly Chapter text (CHAP0410)

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