HB 2165 Residential Landlord and Tenant Act; noncompliance with rental agreement.
Gary A. Reese | all patrons    ...    notes
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Summary as passed House: (all summaries)
Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement.  Provides that if the rental agreement requires for the payment of reasonable attorneys' fees in the event of a breach of the agreement or noncompliance by the tenant, the landlord shall be awarded reasonable attorneys' fees in any action based upon the tenancy in which the landlord prevails, including but not limited to actions for damages to the dwelling unit or premises, or additional rent, regardless of any previous action to obtain possession or rent unless the tenant proves by a preponderance of the evidence that his failure to pay rent or vacate was reasonable. Currently, where the rental agreement provides for the payment of attorneys' fees, they can be awarded to the landlord only where the tenant fails to prove by a preponderance of the evidence that the failure to pay rent or vacate the premises was due to (i) the breach of the lease by the landlord or (ii) unlawful actions on the part of the landlord.

Full text:
01/11/05  House: Prefiled & ordered printed; offered 01/12/05 051182484  pdf
02/01/05  House: Committee substitute printed 053674484-H1  pdf
03/07/05  House: Bill text as passed House and Senate (HB2165ER)  pdf
04/04/05  Governor: Acts of Assembly Chapter text (CHAP0808)  pdf

Status:
01/11/05  House: Prefiled & ordered printed; offered 01/12/05 051182484
01/13/05  House: Referred to Committee for Courts of Justice
01/14/05  House: Assigned to C. J. sub-committee: Civil Law
01/21/05  House: Referred from Courts of Justice (18-Y 0-N)
01/21/05  House: Referred to Committee on General Laws
01/24/05  House: Assigned to General Laws sub-committee: Subcommittee #1...
02/01/05  House: Reported from General Laws with sub (22-Y 0-N)
02/01/05  House: Committee substitute printed 053674484-H1
02/02/05  House: Read first time
02/03/05  House: Read second time
02/03/05  House: Committee substitute agreed to 053674484-H1
02/03/05  House: Engrossed by House - committee substitute HB2165H1
02/04/05  House: Read third time and passed House BLOCK VOTE (95-Y 0-N)
02/04/05  House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
02/04/05  House: Reconsideration of passage agreed to by House
02/04/05  House: Passed House BLOCK VOTE (96-Y 0-N)
02/04/05  House: VOTE: BLOCK VOTE PASSAGE (96-Y 0-N)
02/04/05  House: Communicated to Senate
02/07/05  Senate: Constitutional reading dispensed
02/07/05  Senate: Referred to Committee on General Laws
02/16/05  Senate: Reported from General Laws (15-Y 0-N)
02/18/05  Senate: Constitutional reading dispensed (38-Y 0-N)
02/18/05  Senate: VOTE: CONST. RDG. DISPENSED R (38-Y 0-N)
02/21/05  Senate: Read third time
02/21/05  Senate: Passed Senate (40-Y 0-N)
02/21/05  Senate: VOTE: PASSAGE R (40-Y 0-N)
03/07/05  House: Bill text as passed House and Senate (HB2165ER)
03/09/05  House: Enrolled
03/09/05  House: Signed by Speaker
03/11/05  Senate: Signed by President
03/26/05  Governor: Approved by Governor-Chapter 808 (effective 7/1/05)
04/04/05  Governor: Acts of Assembly Chapter text (CHAP0808)