The Virginia Residential Landlord Tenant Act governs the relationship between landlords and tenants in Virginia, whether large or small, formal or informal, between a tenant and a large apartment complex, or between two family members. As of July 1, 2023, several changes to the Virginia Residential Landlord Tenant Act take effect. If you are a landlord, even if these don’t apply to you now, you should be aware of these developments.
HB1702
The most significant change is an update to Virginia Code § 55.1-1204. That section now requires landlords to provide “no less than 60 days” notice to tenants of any rent increase that would take effect in a new lease term.
This new rule only applies to landlords with an ownership interest in four or more rental units and does not apply to periodic “month-to-month” tenancies. However, it does require notice if the lease automatically renews or if there is an option to renew. Though they can state a renewal option in the lease, landlords can offer their tenants a renewal option at any time. In those scenarios, be aware of this new 60-day notice requirement.
The language of this new subsection is mandatory, and the Virginia Residential Landlord Tenant Act already indicates that it may not be waive its provisions. It may be difficult to collect unpaid rent or evict a tenant for unpaid rent if this notice is not given before the lease renews.
HB1635
Though Virginia law presently gives tenants the right to file a tenant’s assertion over dangerous conditions they encounter in their unit, this new law creates a new, specific procedure to follow within the first 7 days of a lease. Under the new Virginia Code § 55.1-1234.1, a tenant who encounters “a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the premises, including an infestation of rodents or a lack of heat, hot or cold running water, electricity, or adequate sewage disposal facilities” now has the specific right to demand the termination of their lease and a refund of all rent and security deposits paid.
Landlords in this new section need to be aware of a 15-day deadline for contesting any notice received from the tenant. Also, the section does not expressly allow the landlord to retain the security deposit to cover any tenant damage, stating bluntly that the landlord must refund “all” deposits.
Lastly, the new code section allows a tenant to “contest” the landlord’s refusal to accept the termination notice and allows the court to award the winning party their attorneys’ fees. Whether the Legislature meant this to expand the use of tenant’s assertions, create a new cause of action, or simply be enforced through an ordinary warrant in debt filing remains to be seen.
HB1542
The security deposit rules changed slightly. For deductions from the security deposit made during the lease term, the landlord now has 30 days to provide an itemization of deductions, extended from 15 days. This makes sense because the ability to compile such a list may require access to the unit to assess the cost of repairs, and access can take time to coordinate with a tenant.
HB1725
Landlords may or may not be aware that their tenant’s service animals are exempt from pet deposits or other pet-related fees paid as rent. While this rule is certainly fair and understandable, we have seen instances where a tenant seeks to abuse this right and falsely claims a pet as a service animal.
This new addendum to the law makes it a violation of the Virginia Consumer Protection Act (VCPA) to “provide fraudulent supporting documentation to evince the existence of a disability or disability-related need” for a service animal. To this writer, it is a little unclear how this violation of the VCPA would ultimately be enforced, as the tenant is not a “supplier” under the VCPA and the person most likely to be damaged by false documentation is the landlord.
HB1735
At the outset of every lease, the landlord must supply the tenant with a “tenant’s rights and responsibilities” form. The Virginia Department of Housing and Community Development publishes this form. The legislature has updated the law to indicate that if the tenant refuses to sign the form, the landlord should document the date the form was provided. While some have seen this as making it easier for a landlord to show it complied with the requirement to provide the rights and responsibilities form, the real challenge for landlords is being aware of the obligation to provide the form in the first place. Often smaller landlords forget this requirement altogether.
While none of these changes are radical, they present important issues for tenants and landlords to be aware of. Failure to adhere to the correct notice provisions can be costly for landlords, especially those who maintain only one or two rental units.
[View source.]
