Virginia Residential Landlord Tenant Act changes

On October 1, 2019 the revised Virginia Residential Landlord Tenant Act went into effect. The Act covers most residential leases in Virginia, including apartments as well as singe-family residences. The Act’s terminology and procedural changes and statutory re-numbering will require applications, leases, notices and eviction forms to be updated. The Act’s substantive changes include: An eviction diversion program was created in the cities of Richmond, Petersburg, Hampton and Danville. The Act now specifies that landlords may require renter’s insurance, but if not required then the landlord must provide notice regarding insurance coverage and responsibility for damage to personal property. The tenant’s right of redemption (time allowed for tenants to avoid eviction by paying rent and fees) was extended. No order of possession may be entered unless the landlord submits a notice of termination or 5-day pay or quit notice, and orders of possession are now valid for only 180 days, rather than 365. Landlords must offer a written lease, but if no lease is in place, then statutory default terms will apply. The Act now contains guidance on what information landlords may request in rental applications. For the first time, the Act allows a tenant to recover attorney’s fees and costs if the tenant is successful in a defense to an eviction. All landlords in Virginia should review the new Act in detail, update their leases and other forms, and follow all new procedures with respect to applications, leasing and evictions. Virginia landlords - please contact us to review your forms or handle evictions.