New Laws Took Effect July 1
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All the laws passed by the General Assembly and signed by the Governor went into effect across the Commonwealth July 1.
The 2 biggest changes that impact your day to day:
1. Smoke Alarms and Carbon Monoxide Alarms - Certificates and Inspections now required by State Law
2. Rent with Reservation – Only 1 written notice is now required to preserve the landlord’s right to gain possession. Previously, written notice of rent acceptance with reservation was required for every payment made.
Smoke Alarms and Carbon Monoxide Alarms
Prior to July 1, 2018, localities were largely left to their own judgment when implementing smoke alarm and carbon monoxide alarm ordinances. The practice led to a variety of often contradictory and sometimes illegal ordinances across the state. Some localities were even attempting to condemn older buildings that met code when constructed but did not retrofit smoke alarms into every bedroom when the new building codes were enacted.
During the 2018 General Assembly Session, a group of stakeholders from across the housing industry met to devise one statewide standard that provides clear protection from local retro-fit requirements.
As of July 1, 2018, all property managers of rental housing MUST:
1. Provide a certificate to the tenant stating that required smoke alarms are present, have been inspected, and are in good working order no more than once every 12 months. (The landlord, his employee, or an independent contractor may perform the inspection to determine that the smoke alarm is in good working order.) Code Section 55-225.3 [ https://law.lis.virginia.gov/vacode/55-225.3/ ]
Click HERE [ https://www.vamaonline.org/news/407497/2018-Smoke-Alarm-Certificate.htm ] to see a Sample Certificate – The VA Department of Housing and Community Development and the Department of Fire Programs will develop a state form no later than January 1, 2019. VAMA will distribute this form when it becomes available.
Best Practice – always inspect and provide a certificate at move-in and on Renewal
2. Comply with any local ordinances regarding smoke alarms provided these local ordinances comply with the new state law. The complete section is listed below. The main point is that state law now provides specific protection from retrofitting. While localities can require smoke alarms if they are not currently installed in accordance with the Uniform Statewide Building Code, “Such installation shall not require new or additional wiring”. Section 15.2-922 [ https://law.lis.virginia.gov/vacode/15.2-922/ ]
3. Upon receiving a written request from a resident, “the landlord MUST install a carbon monoxide alarm in the dwelling unit within 90 days. The landlord may charge the tenant a reasonable fee to recover the costs of the equipment and labor for such installation. The installation of a carbon monoxide alarm shall be in compliance with the Uniform Statewide Building Code.
Rent with Reservation:
Previously, this NOTICE of RESERVATION was required every single time any payment was received in order to preserve the landlord’s right to possession.
Effective July 1, 2018, ONE notice of acceptance of rent with reservation, given properly, is sufficient. Code Section 55-248.34:1 [ https://law.lis.virginia.gov/vacode/55-248.34:1/ ]
The new code reads (with some omissions indicated by …) “The landlord may accept full or partial payment of all rent and receive an order of possession …and proceed with eviction…provided that the landlord has stated in a written notice to the tenant that any and all amounts owed…would be accepted with reservation and would not constitute a waiver of the termination notice given by the landlord to the tenant…and if so included, nothing herein shall be construed by a court of law or otherwise as requiring such landlord to give the tenant subsequent written notice.”
Best Practice: Send a properly formatted notice of “Acceptance of Rent with Reservation” with every single Material Noncompliance notice. If you are using NAA/VAMA’s Blue Moon Lease, the Material Noncompliance Notice already has rent with reservation language.
This email is provided to VAMA Members for informational purposes only. VAMA advises you check with your company and attorney prior to implementing any new procedure.
Other Changes to Virginia Law also took effect on July 1, 2018.
The full VRLTA containing all the new laws is available HERE [ https://law.lis.virginia.gov/vacodepopularnames/virginia-residential-landlord-and-tenant-act/ ] .
