Bill Text: VA SB1138 | 2023 | Regular Session | Prefiled
Bill Title: Va. Residential Landlord & Tenant Act; rent increase during tenancy does not apply after 1st yr.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-02-22 - Left in General Laws [SB1138 Detail]
Download: Virginia-2023-SB1138-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; or
9. Agrees to pay any increase in rent during the term of a written lease unless such increase is agreed to in a separate, written document signed by the tenant and the landlord that includes (i) the new amount of rent to be charged to the tenant, (ii) the date upon which the rent increase becomes effective, and (iii) any additional terms or benefits to the tenant agreed to as consideration for such increase in rent.
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.
