VA HB2014 | 2021 | 1st Special Session

Note: Carryover of previous HB2014

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 18-0)
Status: Passed on March 30 2021 - 100% progression
Action: 2021-03-30 - Governor: Acts of Assembly Chapter text (CHAP0410)
Text: Latest bill text (Chaptered) [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 except that a landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, may limit a tenant's use of the right of redemption to once per lease period, provided that the landlord provides written notice of such limitation to the tenant. 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 except that a landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, may limit a tenant's use of the right of redemption to once per lease period, provided that the landlord provides written notice of such limitation to the tenant. 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.

Tracking Information

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Title

Virginia Residential Landlord and Tenant Act; landlord's acceptance of rent with reservation.

Sponsors


Roll Calls

2021-02-22 - House - House: VOTE: Adoption (53-Y 44-N) (Y: 53 N: 44 NV: 0 Abs: 3) [PASS]
2021-02-18 - Senate - Senate: Passed Senate with amendment (25-Y 14-N) (Y: 25 N: 14 NV: 0 Abs: 0) [PASS]
2021-02-15 - Senate - Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-15 - Senate - Senate: Defeated by Senate (18-Y 21-N) (Y: 18 N: 21 NV: 0 Abs: 0) [FAIL]
2021-02-12 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-10 - Senate - Senate: Reported from General Laws and Technology (12-Y 2-N) (Y: 12 N: 2 NV: 0 Abs: 0) [PASS]
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]

History

DateChamberAction
2021-03-30 Governor: Acts of Assembly Chapter text (CHAP0410)
2021-03-30 Governor: Approved by Governor-Chapter 410 (effective 7/1/21)
2021-03-01 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
2021-03-01HouseEnrolled Bill communicated to Governor on March 1, 2021
2021-02-26HouseSigned by Speaker
2021-02-25SenateSigned by President
2021-02-25HouseBill text as passed House and Senate (HB2014ER)
2021-02-25HouseEnrolled
2021-02-22HouseVOTE: Adoption (53-Y 44-N)
2021-02-22HouseSenate amendment agreed to by House (53-Y 44-N)
2021-02-22HousePlaced on Calendar
2021-02-18SenatePassed Senate with amendment (25-Y 14-N)
2021-02-18SenateEngrossed by Senate as amended
2021-02-18SenateAmendment by Senator Barker agreed to
2021-02-18SenateReading of amendment waived
2021-02-18SenateRead third time
2021-02-17SenatePassed by for the day
2021-02-17SenateAmendment #2 by Senator Barker withdrawn
2021-02-17SenatePassed by temporarily
2021-02-17SenateReading of amendment waived
2021-02-17SenateAmendment #1 by Senator Barker withdrawn
2021-02-17SenateRead third time
2021-02-16SenatePassed by for the day
2021-02-16SenatePassed by temporarily
2021-02-16SenateReading of amendment waived
2021-02-16SenateRead third time
2021-02-15SenatePassed by for the day
2021-02-15SenateReconsideration of defeated action agreed to by Senate (39-Y 0-N)
2021-02-15SenateDefeated by Senate (18-Y 21-N)
2021-02-15SenateRead third time
2021-02-12SenateConstitutional reading dispensed (39-Y 0-N)
2021-02-10SenateReported from General Laws and Technology (12-Y 2-N)
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
2021-02-05SenateReferred to Committee on General Laws and Technology
2021-02-05SenateConstitutional reading dispensed
2021-02-05HouseVOTE: Passage (56-Y 42-N)
2021-02-05HouseRead third time and passed House (56-Y 42-N)
2021-02-04HouseEngrossed by House - committee substitute HB2014H1
2021-02-04HouseCommittee substitute agreed to 21104047D-H1
2021-02-04HouseRead second time
2021-02-03HouseRead first time
2021-02-02HouseCommittee substitute printed 21104047D-H1
2021-02-02HouseReported from General Laws with substitute (14-Y 7-N)
2021-01-28HouseSubcommittee recommends reporting with substitute (6-Y 2-N)
2021-01-28HouseSubcommittee recommends reporting with substitute (6-Y 2-N)
2021-01-17HouseAssigned GL sub: Housing/Consumer Protection
2021-01-12HouseReferred to Committee on General Laws
2021-01-12HousePrefiled 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)

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
5511250(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB2014
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2014+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2014H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2014ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0410+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21200291A.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/.htm
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB2014ASR
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB2014AS
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB2014ASE
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2014F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2014FH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2014FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H1102C0054+HB2014
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H1102C0058+HB2014
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H11C0080+HB2014
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HC1484+HB2014
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S12C0136+HB2014
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S12V0018+HB2014
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0014HB2014+HB2014
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0037HB2014+HB2014
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0041HB2014+HB2014
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0147HB2014+HB2014
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1835+HB2014

Bill Comments

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