Bill Text: VA SB232 | 2024 | Regular Session | Chaptered
Bill Title: Manufactured home parks; resident rights.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-04-08 - Governor: Acts of Assembly Chapter text (CHAP0762) [SB232 Detail]
Download: Virginia-2024-SB232-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§55.1-1302, 55.1-1308, 55.1-1311, and 55.1-1315 of the Code of Virginia are amended and reenacted as follows:
§55.1-1302. Term of rental agreement; renewal; security deposits.
A. A landlord shall offer all current and prospective year-round residents a rental agreement with a rental period of not less than one year. Such offer shall contain the same terms and conditions as are offered with shorter term leases, except that rental discounts may be offered by a landlord to residents who enter into a rental agreement for a period of not less than one year.
B. Upon the expiration of a rental agreement with a term of
one year or more, the agreement shall be automatically renewed for a term
of one year the same duration with the same terms unless either
party provides written notification of an intent to not renew the
agreement at least 60 days prior to the expiration date or the landlord
provides written notice to the tenant of any change in the terms of the
agreement at least 60 days prior to the expiration date. If the tenant
notifies the landlord in writing within 30 days of receiving notice of the
change in terms that he does not agree to such change in terms, such tenant may
choose to not renew the rental agreement unless the landlord agrees to maintain
the same terms as those in the current agreement. In the case of an
automatic renewal of a rental agreement for a year-round resident, the security
deposit initially furnished by the tenant shall not be increased by the
landlord, nor shall an additional security deposit be required.
C. Except as limited by subsection B, the provisions of § 55.1-1226 shall govern the terms and conditions of security deposits for rental agreements under this chapter.
D. No landlord shall charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement. No such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant.
§55.1-1308. Termination of tenancy.
A. Either party may terminate a rental agreement with a
term of 60 days or more by giving written notice to the other at least 60 days
prior to the termination date; however, the rental agreement may require a
longer period of notice. Notwithstanding the provisions of this section,
where a landlord and seller of a manufactured home have in common (i) one or
more owners, (ii) immediate family members, or (iii) officers or directors, the
rental agreement shall be renewed except for reasons that would justify a
termination of the rental agreement or eviction by the landlord as authorized
by this chapter. A landlord may not cause the eviction of a tenant by
willfully interrupting gas, electricity, water, or any other essential service,
or by removal of the manufactured home from the manufactured home lot, or by
any other willful self-help measure.
B. If the termination is A landlord may terminate a
rental agreement of any length due to a change in the use of all or any
part of a manufactured home park by the landlord, including conversion
to hotel, motel, or other commercial use, planned unit development,
rehabilitation, or demolition, by delivering to each tenant, by certified
mail, a 180-day written notice is required to terminate a stating
the date upon which the rental agreement will terminate and the reason
for the termination. Such termination notice requirement shall not be
waived; however, at the request of the tenant, a period of less than 180
days may be agreed upon by both the landlord and tenant in a written agreement
separate from the rental agreement executed after such notice is given. The
notice required by this section may be sent concurrently with the notice of
intent to sell required by §55.1-1308.2.
§55.1-1311. Other provisions of law applicable.
Section 55.1-1202, subsection A of §55.1-1204, §§55.1-1207,
55.1-1208, 55.1-1216, 55.1-1224, 55.1-1226, 55.1-1228, 55.1-1234 through
55.1-1249, 55.1-1251, 55.1-1252, and 55.1-1259 shall, insofar as they are
not inconsistent with this chapter, apply, mutatis mutandis, to the rental and
occupancy of a manufactured home lot, including termination of a lot lease
if a tenant commits a remediable breach and, after remedying such breach,
intentionally commits a subsequent breach of a like nature, during the same
lease term.
§55.1-1315. Eviction of tenant.
A In addition to the remedies provided by §§
55.1-1228 and 55.1-1311, a landlord may evict a tenant only for:
1. Nonpayment of rent;
2. Violation violation of the applicable
building and housing code caused by a lack of reasonable care by the tenant, a
member of the tenant's household, or a guest or invitee of the tenant;
3. Violation of a federal, state, or local law or ordinance
that is detrimental to the health, safety, and welfare of other tenants in the
manufactured home park;
4. Violation of any rule or provisions of the rental
agreement materially affecting the health, safety, and welfare of the tenant or
others; or
5. Two or more violations of any rule or provision of the
rental agreement occurring within a six-month period.
