SB69: Virginia Residential Landlord and Tenant Act; rental agreements, child care.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend the Code of Virginia by adding a section numbered 55.1-1208.1, relating to Virginia Residential Landlord and Tenant Act; rental agreements; child care.
[S 69]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 55.1-1208.1 as follows:

§ 55.1-1208.1. Rental agreements; child care.

A rental agreement may contain provisions that allow the operation of child care services provided by a tenant of an apartment building that meet state and local laws and regulations.


SENATE BILL NO. 69
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on General Laws and Technology
on February 2, 2022)
(Patron Prior to Substitute--Senator Favola)
A BILL to amend the Code of Virginia by adding a section numbered 55.1-1208.1, relating to Virginia Residential Landlord and Tenant Act; rental agreements; child care.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 55.1-1208.1 as follows:

§ 55.1-1208.1. Rental agreements; child care.

A rental agreement may contain provisions that allow the operation of child care services provided by a tenant of an apartment building that meet state and local laws and regulations and that are provided solely to other residents of the apartment building.

SENATE BILL NO. 69

Offered January 12, 2022
Prefiled January 4, 2022
A BILL to amend and reenact § 55.1-1208 of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; prohibited provisions in rental agreements.
Patron-- Favola

Referred to Committee on General Laws and Technology

Be it enacted by the General Assembly of Virginia:

1. That § 55.1-1208 of the Code of Virginia is amended and reenacted as follows:

§ 55.1-1208. Prohibited provisions in rental agreements.

A. A rental agreement shall not contain provisions that the tenant:

1. Agrees to waive or forgo rights or remedies under this chapter;

2. Agrees to waive or forgo rights or remedies pertaining to the 120-day conversion or rehabilitation notice required in the Virginia Condominium Act (§ 55.1-1900 et seq.) or the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.) or under § 55.1-1410;

3. Authorizes any person to confess judgment on a claim arising out of the rental agreement;

4. Agrees to pay the landlord's attorney fees except as provided in this chapter;

5. Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or any associated costs;

6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation;

7. Agrees to the payment of a security deposit, insurance premiums for damage insurance, and insurance premiums for renter's insurance prior to the commencement of the tenancy that exceed the amount of two months' periodic rent; or

8. Agrees to waive remedies or rights under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., prior to the occurrence of a dispute between landlord and tenant. Execution of leases shall not be contingent upon the execution of a waiver of rights under the Servicemembers Civil Relief Act; however, upon the occurrence of any dispute, the landlord and tenant may execute a waiver of such rights and remedies as to that dispute in order to facilitate a resolution.

B. A rental agreement shall not contain provisions that prohibit the operation of properly licensed and authorized child care services.

B C. Any provision prohibited by subsection A or B that is included in a rental agreement is unenforceable. If a landlord brings an action to enforce any such provision, the tenant may recover actual damages sustained by him and reasonable attorney fees.