HB2014
Virginia Residential Landlord and Tenant Act; landlord's acceptance of rent with reservation.
Summary
As Passed House of Origin. Virginia Residential Landlord and Tenant Act; landlord remedies; landlord's acceptance of rent with reservation; tenant's right of redemption.
Prohibits a landlord from accepting full payment of rent, as well as any damages, money judgment, award of attorney fees, and court costs, from a tenant and receiving an order of possession pursuant to an unlawful detainer action and proceeding with eviction, unless there are bases for the entry of ... (More) an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord. Under current law, a landlord may accept full or partial payment of all rent and receive an order of possession pursuant to an unlawful detainer action and proceed with eviction, provided that he has stated in a written notice to the tenant that any and all amounts owed to the landlord by the tenant, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, would be accepted with reservation and would not constitute a waiver of the landlord's right to evict the tenant from the dwelling unit. The bill provides specific language that must be included within such notice, and requires a landlord who elects to seek possession of the dwelling unit to provide a copy of the notice to the court for service to the tenant along with the summons for unlawful detainer. The bill also allows tenants to exercise the right of redemption in unlawful detainer actions an unlimited number of times. Under current law, tenants may only exercise the right of redemption once during any 12-month period of continuous residency in the dwelling unit, regardless of the term of the rental agreement or any renewal term of the rental agreement. The bill directs the Director of the Department of Housing and Community Development (Director) to develop a sample termination notice to be maintained on the Department of Housing and Community Development's (Department) website that includes language referencing acceptance of rent with reservation by a landlord following a breach of a lease by a tenant, and requires the Department to convene a stakeholder group to provide input to the Director regarding the development of such sample termination notice. (Less)-
Bill History
- 01/12/2021 - House: Prefiled and ordered printed; offered 01/13/21 21102649D
- 01/12/2021 - House: Referred to Committee on General Laws
- 01/17/2021 - House: Assigned GL sub: Housing/Consumer Protection
- 01/18/2021 - House: Impact statement from DPB (HB2014)
- 01/28/2021 - House: House subcommittee amendments and substitutes offered
- 01/28/2021 - House: Subcommittee recommends reporting with substitute (6-Y 2-N)
- 01/28/2021 - House: Subcommittee recommends reporting with substitute (6-Y 2-N)
- 02/02/2021 - House: House committee, floor amendments and substitutes offered
- 02/02/2021 - House: Reported from General Laws with substitute (14-Y 7-N)
- 02/02/2021 - House: Committee substitute printed 21104047D-H1
- 02/03/2021 - House: Read first time
- 02/04/2021 - House: Read second time
- 02/04/2021 - House: Committee substitute agreed to 21104047D-H1
- 02/04/2021 - House: Engrossed by House - committee substitute HB2014H1
- 02/05/2021 - House: Read third time and passed House (56-Y 42-N)
- 02/05/2021 - House: VOTE: Passage (56-Y 42-N) Close Floor Vote
- 02/05/2021 - Senate: Constitutional reading dispensed
- 02/05/2021 - Senate: Referred to Committee on General Laws and Technology
- 02/05/2021 - Senate: Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
- 02/10/2021 - Senate: Reported from General Laws and Technology (12-Y 2-N)
- 02/12/2021 - Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/15/2021 - House: Impact statement from DPB (HB2014H1)
- 02/15/2021 - Senate: Read third time
- 02/15/2021 - Senate: Defeated by Senate (18-Y 21-N) Close Floor Vote
- 02/15/2021 - Senate: Reconsideration of defeated action agreed to by Senate (39-Y 0-N)
- 02/15/2021 - Senate: Passed by for the day
- 02/16/2021 - Senate: Senate committee, floor amendments and substitutes offered
- 02/16/2021 - Senate: Read third time
- 02/16/2021 - Senate: Reading of amendment waived
- 02/16/2021 - Senate: Passed by temporarily
- 02/16/2021 - Senate: Passed by for the day
- 02/17/2021 - Senate: Senate committee, floor amendments and substitutes offered
- 02/17/2021 - Senate: Read third time
- 02/17/2021 - Senate: Amendment #1 by Senator Barker withdrawn
- 02/17/2021 - Senate: Reading of amendment waived
- 02/17/2021 - Senate: Passed by temporarily
- 02/17/2021 - Senate: Amendment #2 by Senator Barker withdrawn
- 02/17/2021 - Senate: Passed by for the day
- 02/18/2021 - Senate: Senate committee, floor amendments and substitutes offered
- 02/18/2021 - Senate: Read third time
- 02/18/2021 - Senate: Reading of amendment waived
- 02/18/2021 - Senate: Amendment by Senator Barker agreed to
- 02/18/2021 - Senate: Engrossed by Senate as amended
- 02/18/2021 - Senate: Passed Senate with amendment (25-Y 14-N) Close Floor Vote
- 02/22/2021 - House: Placed on Calendar
- 02/22/2021 - House: Senate amendment agreed to by House (53-Y 44-N)
- 02/22/2021 - House: VOTE: Adoption (53-Y 44-N) Close Floor Vote
- 02/25/2021 - House: Enrolled
- 02/25/2021 - House: Bill text as passed House and Senate (HB2014ER)
- 02/25/2021 - Senate: Signed by President
- 02/26/2021 - House: Signed by Speaker
- 03/01/2021 - House: Impact statement from DPB (HB2014ER)
- 03/01/2021 - House: Enrolled Bill communicated to Governor on March 1, 2021
- 03/01/2021 - Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
- 03/30/2021 - Governor: Approved by Governor-Chapter 410 (effective 7/1/21)
- 03/30/2021 - Governor: Acts of Assembly Chapter text (CHAP0410)
