Virginia Residential Landlord and Tenant Act; enforcement by localities.

Plain English Breakdown

The bill does not specify the exact amount of damages that can be awarded by local governments.

Virginia Law: Localities Can Help Fix Unsafe Rentals

This law allows local governments to sue landlords if they do not fix serious safety and health issues in rental homes, after notifying the landlord about the problem.

What This Bill Does

• Allows local governments to file a lawsuit against landlords for injunctions and damages when there are serious safety or health violations that affect tenants' well-being.
• Requires localities to notify the landlord of the violation before taking legal action.
• Limits this power to cases where the unsafe condition is within the locality's jurisdiction.

Who It Names or Affects

• Tenants living in rental homes with safety or health issues
• Landlords of rental properties that have serious violations

Terms To Know

material noncompliance

A major violation of a rental agreement or law that affects the safety, health, or well-being of tenants.

locality

A city, town, or county government with authority to enforce laws within its borders.

Limits and Unknowns

• The bill does not specify what happens if a landlord fixes the problem before localities take action.
• It is unclear how much money local governments can ask for from landlords in damages.

Official Summary Text

Virginia Residential Landlord and Tenant Act; enforcement by localities.
Provides that if a condition exists in a dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not remedied within a reasonable time frame, constitutes a fire hazard or serious threat to the life, health, or safety of a tenant or occupant of the premises, a locality may institute an action on behalf of any tenant or occupant of the premises who is injured by such material noncompliance for injunction and damages to enforce the landlord's duty to maintain the dwelling unit in a fit and habitable condition, provided that (i) the premises where the violation occurred is within the jurisdictional boundaries of the locality and (ii) the locality has notified the landlord who owns the premises, either directly or through the managing agent, of the nature of the violation and the landlord has failed to remedy the violation to the satisfaction of the locality within a reasonable time after receiving such notice. This bill is identical to HB 14.

Current Bill Text

An Act to amend and reenact §
55.1-1259
of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; enforcement by localities.
Be it enacted by the General Assembly of Virginia:
1. That §
55.1-1259
of the Code of Virginia is amended and reenacted as follows:
§
55.1-1259
. Actions to enforce chapter.
A.
In addition to any other remedies in this chapter, any person adversely affected by an act or omission prohibited under this chapter may institute an action for injunction and damages against the person responsible for such act or omission in the circuit court in the county or city in which such act or omission occurred. If the court finds that the defendant was responsible for such act or omission, it shall enjoin the defendant from continuance of such practice
,
and
,
in its discretion
,
award the plaintiff damages as provided in this section.
B. If a condition exists in a dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not remedied within a reasonable time frame, constitutes a fire hazard or serious threat to the life, health, or safety of a tenant or occupant of the premises, including infestation of rodents or a lack of heat, hot or cold running water, electricity, or adequate sewage disposal facilities, a locality may institute an action on behalf of any tenant or occupant of the premises who is injured by such material noncompliance for injunction and damages in the circuit court in the county or city in which the dwelling unit is located to enforce the landlord's duty to maintain the dwelling unit in a fit and habitable condition, provided that (i) the premises where the violation occurred is within the jurisdictional boundaries of the locality and (ii) the locality has notified the landlord who owns the premises, either directly or through the managing agent, of the nature of the violation and the landlord has failed to remedy the violation to the satisfaction of the locality within a reasonable time frame after receiving such notice. If the court finds that the landlord failed to maintain the dwelling unit in a fit and habitable condition, it shall enjoin the landlord from continuance of such practice and, in its discretion, award damages to any tenant or occupant of the premises on behalf of whom the action was brought.