VA HB2014 | 2021 | Regular Session
Note: Carry Foward to future HB2014
Status
Spectrum: Partisan Bill (Democrat 18-0)
Status: Engrossed on February 4 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
Text: Latest bill text (Comm Sub) [HTML]
Status: Engrossed on February 4 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
Text: Latest bill text (Comm Sub) [HTML]
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. 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.
Title
Virginia Residential Landlord and Tenant Act; landlord's acceptance of rent with reservation.
Sponsors
| Del. Marcia Price [D] | Del. Joshua Cole [D] | Del. Dawn Adams [D] | Del. Jeffrey Bourne [D] |
| Del. Lee Carter [D] | Del. Elizabeth Guzman [D] | Del. Dan Helmer [D] | Del. Patrick Hope [D] |
| Del. Mark Keam [D] | Del. Kaye Kory [D] | Del. Mark Levine [D] | Del. Kenneth Plum [D] |
| Del. Sam Rasoul [D] | Sen. Danica Roem [D] | Del. Ibraheem Samirah [D] | Del. Marcus Simon [D] |
| Del. Jeion Ward [D] | Del. Vivian Watts [D] |
Roll Calls
2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-05 - House - House: VOTE: Passage (56-Y 42-N) (Y: 56 N: 42 NV: 0 Abs: 2) [PASS]
2021-02-02 - House - House: Reported from General Laws with substitute (14-Y 7-N) (Y: 14 N: 7 NV: 0 Abs: 1) [PASS]
2021-01-28 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
2021-01-28 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
2021-02-05 - House - House: VOTE: Passage (56-Y 42-N) (Y: 56 N: 42 NV: 0 Abs: 2) [PASS]
2021-02-02 - House - House: Reported from General Laws with substitute (14-Y 7-N) (Y: 14 N: 7 NV: 0 Abs: 1) [PASS]
2021-01-28 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
2021-01-28 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2021-02-05 | Senate | Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N) |
| 2021-02-05 | Senate | Referred to Committee on General Laws and Technology |
| 2021-02-05 | Senate | Constitutional reading dispensed |
| 2021-02-05 | House | VOTE: Passage (56-Y 42-N) |
| 2021-02-05 | House | Read third time and passed House (56-Y 42-N) |
| 2021-02-04 | House | Engrossed by House - committee substitute HB2014H1 |
| 2021-02-04 | House | Committee substitute agreed to 21104047D-H1 |
| 2021-02-04 | House | Read second time |
| 2021-02-03 | House | Read first time |
| 2021-02-02 | House | Committee substitute printed 21104047D-H1 |
| 2021-02-02 | House | Reported from General Laws with substitute (14-Y 7-N) |
| 2021-01-28 | House | Subcommittee recommends reporting with substitute (6-Y 2-N) |
| 2021-01-28 | House | Subcommittee recommends reporting with substitute (6-Y 2-N) |
| 2021-01-17 | House | Assigned GL sub: Housing/Consumer Protection |
| 2021-01-12 | House | Referred to Committee on General Laws |
| 2021-01-12 | House | Prefiled and ordered printed; offered 01/13/21 21102649D |
Same As/Similar To
HB2014 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
