Bill Text: VA HB993 | 2024 | Regular Session | Prefiled
Bill Title: Virginia Residential Landlord and Tenant Act; prohibited provisions, fees for maintenance.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Vetoed) 2024-05-17 - Governor: Vetoed by Governor [HB993 Detail]
Download: Virginia-2024-HB993-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §55.1-1208 of the Code of Virginia is amended and reenacted as follows:
§55.1-1208. Prohibited provisions in rental agreements.
A. A rental agreement shall not contain provisions that the tenant:
1. Agrees to waive or forgo rights or remedies under this chapter;
2. Agrees to waive or forgo rights or remedies pertaining to the 120-day conversion or rehabilitation notice required in the Virginia Condominium Act (§55.1-1900 et seq.) or the Virginia Real Estate Cooperative Act (§55.1-2100 et seq.) or under §55.1-1410;
3. Authorizes any person to confess judgment on a claim arising out of the rental agreement;
4. Agrees to pay the landlord's attorney fees except as provided in this chapter;
5. Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or any associated costs;
6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation;
7. Agrees to the payment of a security deposit, insurance
premiums for damage insurance, and insurance premiums for renter's insurance
prior to the commencement of the tenancy that exceed the amount of two months'
periodic rent; or
8. Agrees to waive remedies or rights under the Servicemembers Civil Relief Act, 50 U.S.C. §3901 et seq., prior to the occurrence of a dispute between landlord and tenant. Execution of leases shall not be contingent upon the execution of a waiver of rights under the Servicemembers Civil Relief Act; however, upon the occurrence of any dispute, the landlord and tenant may execute a waiver of such rights and remedies as to that dispute in order to facilitate a resolution;
9. Agrees to pay any fee for the maintenance or repair of any dwelling unit subject to such rental agreement unless necessitated by the tenant's violation of a requirement of this chapter; or
10. Agrees to pay any fee to submit periodic rent payments or other amounts due, regardless of the method of payment.
B. Any provision prohibited by subsection A that is included in a rental agreement is unenforceable. If a landlord brings an action to enforce any such provision, the tenant may recover actual damages sustained by him and reasonable attorney fees.
