VirginiaHB14082026 Regular SessionHouseWALLET

Virginia Residential Landlord and Tenant Act; landlord remedies, rental agreement noncompliance.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Virginia Residential Landlord and Tenant Act; landlord remedies; rental agreement noncompliance; victim of family abuse. Removes the requirement that a tenant who is a victim of family abuse provide the landlord prompt notification should the perpetrator return to the dwelling unit to prevent the landlord from terminating a lease solely due to such act of family abuse occurring in the dwelling unit or on the premises by a perpetrator barred from the dwelling unit. Under the bill, if the tenant provides the landlord with a copy of the protective order, should the perpetrator not already be barred from the unit by the landlord, the lease shall not be terminated due solely to an act of family abuse against the tenant by a perpetrator barred from the dwelling unit.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 3 costs, 1 mixed.

Five-day pay-or-quit for unpaid rent

If your rent is unpaid when due, the landlord can give written notice and you have 5 days to pay. If a check bounces or an electronic transfer fails for lack of funds or a bad‑faith stop, you must pay within 5 days by cash, cashier’s check, certified check, or a completed electronic transfer. If you do not pay, the landlord can end the lease and seek possession. The landlord may also seek costs or attorney fees if allowed by contract or law and proper notice was given. This rule is in effect until the later of July 1, 2028, or seven years after the COVID-19 state of emergency expires.

Immediate eviction for dangerous or drug activity

The landlord can end the lease right away for a criminal or willful act that threatens health or safety and cannot be fixed. Illegal drug activity by a tenant, authorized occupant, or guest is an immediate, nonremediable violation. The landlord does not have to wait for a criminal conviction but must prove the violation by a preponderance of the evidence to get possession. If an authorized occupant or guest commits the act, the law presumes the tenant knew; the tenant can rebut this by a preponderance of the evidence. In these cases, the first court hearing is within 15 days of service, and later hearings should be within 30 days when practicable. These rules are in effect until the later of July 1, 2028, or seven years after the COVID-19 state of emergency expires.

Landlords can collect rent, fees, damages

If a tenant breaks the lease, the landlord may recover money and seek court orders. Recoverable amounts include unpaid rent, other charges, late fees, reasonable attorney fees, court costs if a case is filed, and damages to the unit unless the law says otherwise. If the landlord wins in court, the judge must enter a money judgment that can include these items. Attorney fees may be denied if the tenant proves by a preponderance of the evidence that failing to pay or vacate was reasonable. These rules are in effect until the later of July 1, 2028, or seven years after the COVID-19 state of emergency expires.

Lease breaches: 21-day cure or 30-day end

If you break the lease in a way that can be fixed, the landlord must give written notice. You have 21 days to fix it. If you do not, the lease ends at least 30 days after you get the notice. For problems that cannot be fixed, the landlord can end the lease with at least 30 days' notice. If you fix the problem before the end date, the lease does not end. If you later intentionally repeat a similar breach after a prior notice and cure, the landlord can give a new 30‑day end notice. These rules are in effect until the later of July 1, 2028, or seven years after the COVID-19 state of emergency expires.

Protection for tenants facing family abuse

Your lease does not end just because you were a victim of family abuse in your home if the abuser is barred by the landlord or a court order. You must give written proof within 21 days. If the barred person returns, you must notify the landlord within 24 hours, unless you prove it was impossible, then promptly and no later than 7 days. If you miss these steps, this protection does not apply. This protection is in effect until the later of July 1, 2028, or seven years after the COVID-19 state of emergency expires.

Public housing nonpayment notice must include help

When a public housing authority sends a nonpayment notice, it must also give you written information on recertifying income, reporting changes, asking for a minimum rent hardship exemption, and filing grievances. The notice must be on pink or orange paper. The authority must also post this information in each public housing community it manages. This rule is in effect until the later of July 1, 2028, or seven years after the COVID-19 state of emergency expires.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 208 • No: 13

Senate vote 3/9/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 3/6/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 3/6/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/4/2026

Reported from General Laws and Technology

Yes: 15 • No: 0

House vote 2/9/2026

Read third time and passed House

Yes: 84 • No: 13

House vote 2/3/2026

Reported from General Laws

Yes: 21 • No: 0

House vote 1/29/2026

Subcommittee recommends reporting

Yes: 9 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0844)

    4/13/2026Governor
  2. Approved by Governor-Chapter 844 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/25/2026Governor
  4. Enrolled Bill communicated to Governor on March 25, 2026

    3/25/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB1408)

    3/16/2026House
  6. Bill text as passed House and Senate (HB1408ER)

    3/14/2026House
  7. Enrolled

    3/14/2026House
  8. Signed by President

    3/14/2026Senate
  9. Signed by Speaker

    3/14/2026House
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/9/2026Senate
  11. Read third time

    3/9/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/6/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/6/2026Senate
  14. Rules suspended

    3/6/2026Senate
  15. Reported from General Laws and Technology (15-Y 0-N)

    3/4/2026Senate
  16. Assigned GL&T sub: Housing

    2/25/2026Senate
  17. Referred to Committee on General Laws and Technology

    2/10/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/10/2026Senate
  19. Read third time and passed House (84-Y 13-N 0-A)

    2/9/2026House
  20. Read second time and engrossed

    2/6/2026House
  21. Moved from Uncontested Calendar to Regular Calendar

    2/6/2026House
  22. Read first time

    2/5/2026House
  23. Reported from General Laws (21-Y 0-N)

    2/3/2026House
  24. Subcommittee recommends reporting (9-Y 0-N)

    1/29/2026House
  25. Assigned HGL sub: Housing/Consumer Protection

    1/27/2026House

Bill Text

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