Client Alert: New For 2024 - The Answer to Two Important Questions Every Rental Property Owner in Virginia Needs to Know about Changes to the Virginia Residential Landlord Tenant Act (VRLTA)
Date: July 2, 2024
Do the changes apply to me?
Applicability of the VRLTA to Landlords
The VRLTA applies to landlords in specific circumstances, which are outlined in the Act. These include:
- Multiple Rental Units: The VRLTA generally applies to landlords who own and rent out more than four rental dwelling units. If a landlord has five or more rental units within a single building or complex, or even spread out across different locations, the VRLTA would typically govern the landlord-tenant relationship.
- Single-Family Residences: Even if a landlord rents out fewer than four units, the VRLTA may still apply if the rental property is a single-family residence, and the landlord owns more than ten single-family residences or condominium units in total, or if the landlord has authorized a managing agent to oversee the rental property.
- Opt-In Provision: Landlords who own and rent out four or fewer dwelling units can choose to have their rental properties governed by the VRLTA. To do this, they must include a written statement in their lease agreements stating that the VRLTA will apply.
Exceptions to the VRLTA
In addition to the Opt-In Provision set forth in item 3 above, there are other situations where the VRLTA does not apply, which are also important for landlords to recognize:
- Transient Occupancy: Properties that are rented out for transient occupancy, such as hotels or motels, are not covered by the VRLTA.
- Educational Institutions: Rental units that are owned, operated, or controlled by a secondary or higher education institution for the purpose of providing dormitory housing to students are exempt from the VRLTA.
- Owner-Occupied Properties: If a landlord rents out part of a property that they also occupy as their primary residence, and the rental is not intended to be the tenant’s primary residence, the VRLTA does not apply.
- Vacation Rentals: Short-term vacation rentals are typically exempt from the VRLTA, provided the rental period is no longer than 90 days.
What are the 2024 Amendments to the VRLTA?
The Virginia Residential Landlord Tenant Act has undergone significant amendments in the 2024 General Assembly session, which reflect a shift towards greater tenant protections while providing clarity and efficiency in the legal processes. Real estate professionals and lawyers in Virginia’s residential rental market must know these updates to guide clients and ensure legal compliance.
Unlawful Detainer Action Amendments (HB 86)
HB 86 allows landlords or agents to amend the amount due in an unlawful detainer action until the date on which the unlawful detainer is heard by the court. This amendment aims to streamline the legal process by reducing the need for multiple legal filings under the same cause of action. Importantly, once the court allows such an amendment, it prevents the plaintiff/landlord from filing future warrants in debt against the defendant/tenant for additional amounts that the amendment should have included. This change necessitates careful calculation and consideration of all amounts due under a lease prior to the court hearing to avoid forfeiting the right to claim additional debts.
Protections for Victims of Abuse (HB 764)
HB 764 expands protections for tenants who are victims of family abuse, sexual abuse, or other criminal sexual assaults. Under the new law, tenants with a permanent protective order can terminate their rental agreement obligations with proper written notice. This amendment broadens the scope of protection compared to the previous requirement of a family abuse protective order or a conviction. Legal professionals should advise their clients on the documentation and notice requirements to ensure lawful termination of the rental agreement under these circumstances.
Routine Maintenance Notice (HB 701)
Per HB 701, landlords must notify residential tenants when entering leased property for routine maintenance. The notice must specify the last day the maintenance may be performed, which must occur within 14 days of delivering the notice. This change emphasizes the importance of communication and scheduling in maintaining the property while respecting tenant privacy.
Landlord Liability for Building Code Violations (HB 957)
HB 957 continues the theme of tenant protection and provides that landlords are now liable for a tenant’s actual damages and reasonable attorney fees (HB 957) resulting from a building code violation that poses a substantial risk to the health, safety, and welfare of a tenant, and this violation leads to the tenant’s exclusion from the dwelling because of condemnation. This holds landlords accountable for ensuring their properties meet safety standards, except for tenant negligence, acts of God, and fire damage terminations.
Rental Agreement Copies (HB 1272)
The amendment in HB 1272 requires landlords to provide tenants with a copy of the signed lease agreement within ten business days of the lease’s effective date. Landlords must furnish extra hard copies or easily accessible electronic copies upon a tenant’s request at no charge. This amendment ensures tenants have full access to the terms of their lease, fostering transparency in the landlord-tenant relationship.
Emergency Hearings for Unlawful Detainers (HB 1482)
Under HB 1482, landlords who file an unlawful detainer against a residential occupant with no lease, or permission to occupy a property, are granted an emergency hearing, provided they have given written notice to vacate at least 72 hours before filing. The emergency hearing must occur within 14 days of filing, expediting the process for landlords to regain possession of their property in clear-cut cases of unauthorized occupancy.
Translation of Documents (HB 1487)
HB 1487 mandates the Department of Housing and Community Development to translate all forms and documents on its website into the five most common non-English languages used in Virginia to accommodate Virginia’s diverse population. This initiative enhances accessibility and understanding for non-English speaking landlords and tenants. HB 1487 addresses the linguistic diversity of Virginia’s population. The bill requires translations into the five most common non-English languages spoken in Virginia. Historically, the most common non-English languages spoken in Virginia have included: Spanish, Korean, Vietnamese, Chinese, and Arabic. The specific languages required for translation by the bill may change over time as the demographics of Virginia evolve.
Prohibition of Electronic Payment Fees (HB 1519)
HB 1519 addresses the modernization of transactions associated with rental property by prohibiting landlords from charging fees for electronic payments of rent, security deposits, or any other transactions arising under the landlord-tenant relationship. However, this bill requires special ratification and will not become effective unless re-enacted in the 2025 legislative session.
Conclusion
The Virginia Residential Landlord Tenant Act will continue to be amended as technology and the general state of housing in the Commonwealth evolve. The overarching theme of the most current amendments is the enhancement of tenant protections and the simplification of legal processes. Lawyers, real estate professionals, and residential landlords must familiarize themselves with these changes to provide accurate guidance and ensure legal compliance.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.