Virginia Residential Landlord and Tenant Act; landlord's acceptance of rent with reservation.
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.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2021
Committee Review
Feb 2021
House of Delegates Passage
Feb 2021
Senate Passage
Feb 2021
Signed into Law
Mar 2021
Introduced Jan 12, 2021
Signed Mar 30, 2021
Floor votes · Senate Feb 15, 2021 · House of Delegates Feb 5, 2021
How they voted
33–0
Passed
Total votes 33
Feb 15, 2021
D
Democratic17
100% Yea
R
Republican16
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
53
Key actions
19
Committee
13
Amendments
8
Mar 30, 2021
Signed into law
Approved by Governor-Chapter 410 (effective 7/1/21)
executive
Feb 22, 2021
Introduced
Senate amendment agreed to by House (53-Y 44-N)
lower
Feb 18, 2021
Upper · Passed
Passed Senate with amendment (25-Y 14-N)
upper
Feb 18, 2021
Introduced
Engrossed by Senate as amended
upper
Feb 18, 2021
Upper · Passed
Amendment by Senator Barker agreed to
upper
Feb 18, 2021
Introduced
Reading of amendment waived
upper
Feb 18, 2021
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 17, 2021
Upper · Passed
Passed by for the day
upper
Feb 17, 2021
Amended
Amendment #2 by Senator Barker withdrawn
upper
Feb 17, 2021
Upper · Passed
Passed by temporarily
upper
Feb 17, 2021
Introduced
Reading of amendment waived
upper
Feb 17, 2021
Amended
Amendment #1 by Senator Barker withdrawn
upper
Feb 17, 2021
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 16, 2021
Upper · Passed
Passed by for the day
upper
Feb 16, 2021
Upper · Passed
Passed by temporarily
upper
Feb 16, 2021
Introduced
Reading of amendment waived
upper
Feb 16, 2021
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 15, 2021
Upper · Passed
Passed by for the day
upper
Feb 10, 2021
Upper · Passed
Reported from General Laws and Technology (12-Y 2-N)
upper
Feb 5, 2021
Committee
Referred to Committee on General Laws and Technology
upper
Feb 5, 2021
Lower · Passed
Read third time and passed House (56-Y 42-N)
lower
Feb 4, 2021
Lower · Passed
Engrossed by House - committee substitute HB2014H1
lower
Feb 4, 2021
Lower · Passed
Committee substitute agreed to 21104047D-H1
lower
Feb 2, 2021
Lower · Passed
Reported from General Laws with substitute (14-Y 7-N)
lower
Feb 2, 2021
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Jan 28, 2021
Lower · Passed
Subcommittee recommends reporting with substitute (6-Y 2-N)
lower
Jan 28, 2021
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 17, 2021
Committee
Assigned GL sub: Housing/Consumer Protection
lower
Jan 12, 2021
Committee
Referred to Committee on General Laws
lower
Jan 12, 2021
Introduced
Prefiled and ordered printed; offered 01/13/21 21102649D
lower
1 primary · 18 co-sponsors
Sponsors
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