A BILL to amend and reenact §§ 55.1-1208 and 55.1-1220 of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; prohibited provisions in rental agreements; landlord's maintenance responsibilities.
HB1409 revises the Virginia Residential Landlord and Tenant Act to limit what landlords may require tenants to agree to in rental contracts and to clarify landlord maintenance duties. The bill expands the list of prohibited lease provisions to bar clauses that would make tenants pay for routine property maintenance, heating and cooling systems, pest control, trash disposal, common-area utilities, mail or package delivery, or common-area security, and it also bars charges above the landlord’s actual cost for internet, cable, or other utilities and services. It further prohibits public housing landlords from charging tenants for dwelling-unit repairs unless the tenant caused the damage, and it preserves existing protections against waiving tenant rights, attorney-fee shifting, liability waivers, and certain firearm restrictions in public housing.
The bill also strengthens and restates landlord maintenance obligations. It requires landlords to keep premises habitable, maintain common areas and building systems, address moisture and mold, provide waste receptacles and removal, supply running water and hot water, provide reasonable air conditioning if offered and heat in season, and furnish an annual smoke-alarm inspection certificate. The measure allows tenants and landlords to agree in writing that tenants perform certain listed duties, but only if the arrangement is made in good faith and does not evade the landlord’s obligations.
If enacted, HB1409 would amend §§ 55.1-1208 and 55.1-1220 of the Code of Virginia and would make any prohibited lease term unenforceable. Tenants could recover actual damages and reasonable attorney’s fees if a landlord tries to enforce an unlawful provision. The bill would therefore shift more of the cost and responsibility for core habitability and common-area maintenance back to landlords, while limiting pass-through fees and contract terms that transfer those obligations to renters.
The available legislative history shows no recorded floor or committee debate, but the bill was continued to the next session in the General Laws Committee by voice vote. That suggests the measure had not yet reached a final consensus and remained under consideration rather than being rejected outright. Overall, the bill appears to reflect a tenant-protection approach, with the main policy emphasis on habitability, transparency, and limiting lease provisions that could undercut statutory landlord duties.
HB1409 would amend the Virginia Residential Landlord and Tenant Act by changing the list of prohibited rental-agreement provisions in § 55.1-1208 and expanding landlord maintenance duties in § 55.1-1220. It would make certain tenant-paid fees and waivers unenforceable, create a damages-and-attorney-fees remedy for enforcement attempts, and clarify that landlords remain responsible for core habitability and maintenance obligations unless a limited written agreement is made in good faith. The bill would directly affect landlords, tenants, and public housing authorities, especially in multifamily and rental housing settings.
The bill’s apparent sentiment is generally pro-tenant and pro-habitability, with an emphasis on preventing landlords from shifting essential maintenance costs and responsibilities onto renters. The committee action of continuing the bill to the next session by voice vote indicates the proposal had not yet secured final agreement, but there is no evidence in the provided record of organized opposition or support statements. The lack of recorded debate makes the overall sentiment difficult to measure beyond the bill’s protective policy direction.
The main points of contention are likely to be whether landlords should be allowed to pass through more maintenance and service costs to tenants, and how far the state should go in limiting lease freedom. Landlords and property owners may object to restrictions on charging for maintenance, common-area security, utilities, and related services, while tenant advocates would support those limits as necessary to preserve habitability and prevent hidden fees. Public housing authorities may also be affected by the ban on charging for unit repairs absent tenant fault, and the bill’s allowance for limited tenant performance of landlord duties could raise questions about enforceability and whether such agreements are truly voluntary.