VA HB1635 | 2023 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 7-0)
Status: Passed on March 23 2023 - 100% progression
Action: 2023-03-23 - Governor: Acts of Assembly Chapter text (CHAP0435)
Text: Latest bill text (Chaptered) [HTML]

Summary

Virginia Residential Landlord and Tenant Act; uninhabitable dwelling unit. Provides that a tenant may terminate the rental agreement and receive a full refund of all deposits and rent paid to the landlord if, at the beginning of the tenancy, a condition exists in the rental dwelling unit that constitutes 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, so long as the tenant provides the landlord notice of his intent to terminate the rental agreement within seven days of the date on which possession of the dwelling unit was to have transferred to the tenant. The bill requires the landlord to provide the tenant a refund of all deposits and rent paid on or before the fifteenth business day following the day on which (i) the termination notice is delivered to the landlord or (ii) the tenant vacates the dwelling unit, whichever occurs later, unless the landlord provides to the tenant written notice of his refusal to accept the tenant's termination of the rental agreement, along with the reasons for such refusal, within 15 business days following the date on which such termination notice was delivered to the landlord. The bill also provides that any tenant who has not taken possession or who has vacated the dwelling unit may file an action in a court of competent jurisdiction to contest the landlord's refusal to accept the termination notice, if applicable, and for the return of any deposits and rent paid to the landlord, and allows for the prevailing party in any such action to recover reasonable attorney fees. Virginia Residential Landlord and Tenant Act; uninhabitable dwelling unit. Provides that a tenant may terminate the rental agreement and receive a full refund of all deposits and rent paid to the landlord if, at the beginning of the tenancy, a condition exists in the rental dwelling unit that constitutes 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, so long as the tenant provides the landlord notice of his intent to terminate the rental agreement within seven days of the date on which possession of the dwelling unit was to have transferred to the tenant. The bill requires the landlord to provide the tenant a refund of all deposits and rent paid on or before the fifteenth business day following the day on which (i) the termination notice is delivered to the landlord or (ii) the tenant vacates the dwelling unit, whichever occurs later, unless the landlord provides to the tenant written notice of his refusal to accept the tenant's termination of the rental agreement, along with the reasons for such refusal, within 15 business days following the date on which such termination notice was delivered to the landlord. The bill also provides that any tenant who has not taken possession or who has vacated the dwelling unit may file an action in a court of competent jurisdiction to contest the landlord's refusal to accept the termination notice, if applicable, and for the return of any deposits and rent paid to the landlord, and allows for the prevailing party in any such action to recover reasonable attorney fees.

Tracking Information

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Title

Virginia Residential Landlord and Tenant Act; uninhabitable dwelling unit.

Sponsors


Roll Calls

2023-02-20 - Senate - Senate: Passed Senate (26-Y 14-N) (Y: 26 N: 14 NV: 0 Abs: 0) [PASS]
2023-02-17 - Senate - Senate: Constitutional reading dispensed (37-Y 0-N) (Y: 37 N: 0 NV: 0 Abs: 3) [PASS]
2023-02-15 - Senate - Senate: Reported from General Laws and Technology (14-Y 1-N) (Y: 14 N: 1 NV: 0 Abs: 0) [PASS]
2023-02-07 - House - House: VOTE: Block Vote Passage (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-02 - House - House: Reported from General Laws with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2023-01-26 - House - House: Subcommittee recommends reporting with substitute (7-Y 1-N) (Y: 7 N: 1 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2023-03-23 Governor: Acts of Assembly Chapter text (CHAP0435)
2023-03-23 Governor: Approved by Governor-Chapter 435 (effective 7/1/23)
2023-03-02 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
2023-03-02HouseEnrolled Bill communicated to Governor on March 2, 2023
2023-02-25SenateSigned by President
2023-02-23HouseSigned by Speaker
2023-02-23HouseBill text as passed House and Senate (HB1635ER)
2023-02-23HouseEnrolled
2023-02-20SenatePassed Senate (26-Y 14-N)
2023-02-20SenateRead third time
2023-02-17SenateConstitutional reading dispensed (37-Y 0-N)
2023-02-15SenateReported from General Laws and Technology (14-Y 1-N)
2023-02-08SenateReferred to Committee on General Laws and Technology
2023-02-08SenateConstitutional reading dispensed
2023-02-07HouseVOTE: Block Vote Passage (99-Y 0-N)
2023-02-07HouseRead third time and passed House BLOCK VOTE (99-Y 0-N)
2023-02-06HouseEngrossed by House - committee substitute HB1635H1
2023-02-06HouseCommittee substitute agreed to 23106188D-H1
2023-02-06HouseRead second time
2023-02-05HouseRead first time
2023-02-02HouseCommittee substitute printed 23106188D-H1
2023-02-02HouseReported from General Laws with substitute (22-Y 0-N)
2023-01-26HouseSubcommittee recommends reporting with substitute (7-Y 1-N)
2023-01-11HouseAssigned GL sub: Subcommittee #2
2023-01-07HouseReferred to Committee on General Laws
2023-01-07HousePrefiled and ordered printed; offered 01/11/23 23101778D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
5511234.1(n/a)See Bill Text
5511251.1(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB1635
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB1635+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB1635H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB1635ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0435+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/23104409D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/23105728D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/23106188D.pdf
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB1635F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB1635FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H1102V0020+HB1635
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H11V0067+HB1635
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV1505+HB1635
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S12V0156+HB1635
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0567HB1635+HB1635
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0614HB1635+HB1635

Bill Comments

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