An Act to amend and reenact § 55.1-1245, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement; victim of family abuse.
HB1408 amends the Virginia Residential Landlord and Tenant Act provision governing landlord remedies for tenant noncompliance with a rental agreement. The bill preserves the general rule that a landlord may issue written notice for material noncompliance and, if the breach is remediable, allow the tenant an opportunity to cure before termination. It also retains the special rule allowing immediate termination and possession proceedings for certain nonremediable criminal or willful acts that threaten health or safety, including illegal drug activity, with court procedures and evidentiary standards for expedited eviction cases.
The bill also addresses tenants who are victims of family abuse. If the abuse occurred in the dwelling unit or on the premises and the perpetrator has been barred from the property through landlord action or a court order, the lease may not be terminated solely because of the abuse. The protection is conditioned on the tenant providing written corroboration within 21 days and promptly notifying the landlord if the barred perpetrator returns in violation of the exclusion.
HB1408 amends § 55.1-1245 of the Code of Virginia, affecting landlord-tenant eviction procedures and tenant protections under the Virginia Residential Landlord and Tenant Act. It reinforces landlords’ ability to terminate tenancies for serious, nonremediable misconduct while preserving procedural safeguards for tenants, and it adds/maintains an anti-termination protection for victims of family abuse who take steps to exclude the perpetrator from the premises. The bill primarily affects landlords, tenants, courts handling unlawful detainer actions, and victims of domestic or family violence.
The available record shows no committee transcript or recorded vote history, so there is no direct evidence of floor debate or partisan division in the materials provided. Based on the enacted chapter text, the bill appears to reflect a generally balanced approach: it supports landlord enforcement tools for safety-related violations while also protecting tenants who are victims of family abuse from losing housing solely because of abuse committed against them. The absence of recorded opposition in the provided context suggests the measure may have been noncontroversial or at least not documented here as heavily contested.
The main policy tension in HB1408 is between landlord authority to remove tenants involved in dangerous or criminal conduct and tenant protections against eviction in sensitive circumstances. On one side, landlords and property managers are likely to favor the expedited removal provisions for illegal drug activity and other threats to health and safety. On the other side, tenant advocates and domestic violence advocates would focus on the documentation and notice requirements tied to the family abuse protection, since those conditions could make it harder for survivors to keep their housing if they cannot quickly produce corroboration or promptly report a barred perpetrator’s return.