HB 2033 Landlord and tenant law; residential tenancies, landlord and tenant obligations and remedies.
Jackson H. Miller | all patrons    ...    notes
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Summary as passed House: (all summaries)

Landlord and tenant law; residential tenancies; landlord and tenant obligations and remedies. Provides that the Virginia Residential Landlord and Tenant Act (§ 55-248.2 et seq.) (the Act) shall apply to all residential tenancies; however, a landlord who is a natural person, an estate, or a legal entity that owns no more than two single-family residential dwelling units in its own name subject to a rental agreement may opt out of the Act by stating so in the rental agreement. The bill conforms general landlord and tenant law relating to residential tenancies to the Act, including the security deposits, lease terms, notice, and disclosure provisions. The bill also allows the landlord, for unclaimed security deposits, to submit such funds to the State Treasurer rather than the Virginia Housing Trust Fund and changes the requirement that a landlord make reasonable efforts to advise the tenant of the right to be present at the landlord's inspection to a requirement that written notice of the right be provided. The bill provides for a landlord to provide a tenant with a written statement of charges and payments over the previous 12 months rather than an accounting as required under current law. In addition, the bill includes any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety by the tenant or authorized occupants, guests, or invitees as an immediate nonremediable violation for which the landlord may terminate the tenancy. The bill also authorizes a landlord to dispose of the property of a deceased tenant if a personal representative has not been appointed by the circuit court. The landlord may proceed with the disposal after providing 10 days' notice. The bill (i) provides that authorized occupants, guests, or invitees must vacate the dwelling unit after the death of a sole tenant; (ii) allows a landlord to request during the pendency of an unlawful detainer action an order requiring the tenant to provide the landlord with access to the dwelling unit; (iii) adds oil to the utilities that may be included in ratio utility billing; (iv) requires the landlord to provide a written security deposit disposition statement following a move-out inspection and provides for the landlord to seek recovery for additional damages discovered after the security deposit disposition has been made, provided, however, that the tenant may present evidence of the move-out report to support the tenant's position that such additional damages did not exist at the time of the move-out inspection; and (v) authorizes a landlord to retain an attorney to prepare or provide any required written notice and permits the use of an electronic signature or an electronic notarization.

Full text:
01/10/17  House: Prefiled and ordered printed; offered 01/11/17 17101720D  pdf | impact statement
02/02/17  House: Committee substitute printed 17104934D-H1  pdf
02/06/17  House: Printed as engrossed 17104934D-EH1  pdf | impact statement
03/07/17  House: Bill text as passed House and Senate (HB2033ER)  pdf | impact statement
03/24/17  Governor: Acts of Assembly Chapter text (CHAP0730)  pdf

House amendments

01/10/17  House: Prefiled and ordered printed; offered 01/11/17 17101720D
01/10/17  House: Referred to Committee for Courts of Justice
01/16/17  House: Assigned Courts sub: Civil Law
01/18/17  House: Referred from Courts of Justice by voice vote
01/18/17  House: Referred to Committee on General Laws
01/23/17  House: Assigned GL sub: Subcommittee #1
01/31/17  House: Subcommittee recommends reporting with substitute (7-Y 0-N)
02/02/17  House: Reported from General Laws with substitute (20-Y 0-N)
02/02/17  House: Committee substitute printed 17104934D-H1
02/04/17  House: Read first time
02/06/17  House: Read second time
02/06/17  House: Committee substitute agreed to 17104934D-H1
02/06/17  House: Amendment by Delegate Miller agreed to
02/06/17  House: Engrossed by House - committee substitute with amendment HB2033EH1
02/06/17  House: Printed as engrossed 17104934D-EH1
02/07/17  House: Read third time and passed House BLOCK VOTE (97-Y 0-N)
02/07/17  House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
02/08/17  Senate: Constitutional reading dispensed
02/08/17  Senate: Referred to Committee on General Laws and Technology
02/13/17  Senate: Reported from General Laws and Technology (15-Y 0-N)
02/15/17  Senate: Constitutional reading dispensed (40-Y 0-N)
02/16/17  Senate: Read third time
02/16/17  Senate: Passed Senate (39-Y 0-N)
02/16/17  Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
02/16/17  Senate: Passed Senate (40-Y 0-N)
03/07/17  House: Enrolled
03/07/17  House: Bill text as passed House and Senate (HB2033ER)
03/07/17  House: Signed by Speaker
03/10/17  Senate: Signed by President
03/13/17  House: Enrolled Bill communicated to Governor on 3/13/17
03/13/17  Governor: Governor's Action Deadline Midnight, March 27, 2017
03/24/17  Governor: Approved by Governor-Chapter 730 (effective 7/1/17)
03/24/17  Governor: Acts of Assembly Chapter text (CHAP0730)