Virginia 2018 Regular Session Status: Enacted

SB 197 — Landlord and tenant law; notice requirements, landlord's acceptance of rent with reservation.

Last action — Approved by Governor-Chapter 233 (effective 7/1/18)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 01, 2018. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Changes the landlord and tenant law notice requirements for landlords to accept full or partial rent while continuing to proceed with a court action to obtain an order of possession and subsequent eviction by creating a single notice and removing the requirement for second notice for the time period between entry of an order of possession and prior to eviction. The bill provides that the landlord may accept full or partial payment of rent and still receive an order of possession and proceed with eviction if the landlord states in the written notice to the tenant that any payment of rent, damages, money judgment, award of attorney fees, and court costs would be accepted with reservation and not constitute a waiver of the landlord's right to evict the tenant from the dwelling unit. The bill also provides that if a dwelling unit is a public housing unit or other housing unit subject to regulation by the Department of Housing and Urban Development, written notice of acceptance of rent with reservation need not be given to any public agency paying a portion of the rent under the rental agreement. This bill is identical to

Bill Text

What changed in the latest version

23 added · 19 removed

Plain-language change summary

The updated version of Bill SB 197 includes a clearer process for landlords who accept rent for public housing units. It specifies that landlords must give written notice to tenants if they're accepting rent with conditions, but they are not required to notify any public agencies involved in the rent payment. Additionally, if a new rental agreement is made before an eviction, previous eviction orders cannot be enforced, which gives tenants added protection. These changes aim to enhance transparency and fairness in landlord-tenant relationships, especially in regulated housing situations.

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SESSION history | hilite | pdf | print version 18107153D SENATE BILL NO.
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 55-225.47 and 55-248.34:1 of the Code of Virginia, relating to landlord and tenant law;
197 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on General Laws on February 15, 2018) (Patron Prior to Substitute--Senator Locke) A BILL to amend and reenact §§ 55-225.47 and 55-248.34:1 of the Code of Virginia, relating to landlord and tenant law;
Be it enacted by the General Assembly of Virginia:
[S 197] Approved   Be it enacted by the General Assembly of Virginia:
Should the landlord not receive full payment of all rent due and owing as of the return date, including late charges, attorney fees, and court costs, within 10 days of the return date, the court shall, without further evidence, grant to the landlord judgment for all amounts due and immediate possession of the premises.
Should the landlord not receive full payment of all rent due and owing as of the return date, including late charges, attorney fees, and court costs, within days of the return date, the court shall, without further evidence, grant to the landlord judgment for all amounts due and immediate possession of the premises.
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Action History

  1. Approved by Governor-Chapter 233 (effective 7/1/18)

  2. Governor's Action Deadline Midnight, March 9, 2018

  3. Enrolled Bill Communicated to Governor on March 2, 2018

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Title replaced 18107153D-H1

  8. Passed House with substitute (97-Y 1-N 1-A)

  9. Engrossed by House - committee substitute SB197H1

  10. Committee substitute agreed to 18107153D-H1

  11. Read third time

  12. Read second time

  13. Referred to Committee on General Laws

  14. Read first time

  15. Placed on Calendar

  16. Printed as engrossed 18102102D-E

  17. Engrossed by Senate as amended SB197E

  18. Committee amendments agreed to

  19. Reading of amendments waived

  20. Read second time

  21. Referred to Committee on General Laws and Technology

  22. Prefiled and ordered printed; offered 01/10/18 18102102D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed House with substitute

Passed 97 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 97100
Total 97100
% of votes cast 99%1%0%0%
How each member voted (98)
Member Party Vote
Collins — Yea
Filler-Corn — Yea
Gilbert — Yea
Gooditis — Yea
Habeeb — Yea
Hugo — Yea
Hurst — Yea
Kory — Yea
LaRock — Yea
Landes — Yea
Orrock — Yea
Pogge — Yea
Poindexter — Yea
Rodman — Yea
Rush — Yea
Turpin — Yea
Tyler — Yea
Bell, John J. — Yea
Bell, Richard P. — Yea
Bell, Robert B. — Yea
Ayala — Yea
Bourne — Yea
Bulova — Yea
Byron — Yea
Campbell — Yea
Cline — Yea
Cole — Yea
Edmunds — Yea
Fariss — Yea
Jones, J.C. — Yea
Jones, S.C. — Yea
Marshall — Yea
Freitas — Yea
Helsel — Yea
Heretick — Yea
Ingram — Yea
James — Yea
Keam — Yea
Lindsey — Yea
Miyares — Yea
Mullin — Yea
Murphy — Yea
Peace — Yea
Plum — Yea
Ransone — Yea
Robinson — Yea
Mr. Speaker — Yea
Carter — Nay
Stolle — Yea
Toscano — Yea
Alfonso H. Lopez — Yea
Barry D. Knight — Yea
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Delores L. McQuinn — Yea
Elizabeth R. Guzman — Yea
Emily M. Jordan — Yea
Garrett McGuire — Yea
Hyland F. "Buddy" Fowler, Jr. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jennifer D. Carroll Foy — Yea
Joshua E. Thomas — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Kelly K. Convirs-Fowler — Yea
Kimberly Pope Adams — Yea
Kimberly Pope Adams — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Mark D. Sickles — Yea
Michael J. Webert — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Will Davis — Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 197 do?
Changes the landlord and tenant law notice requirements for landlords to accept full or partial rent while continuing to proceed with a court action to obtain an order of possession and subsequent eviction by creating a single notice and removing the requirement for second notice for the time period between entry of an order of possession and prior to eviction. The bill provides that the landlord may accept full or partial payment of rent and still receive an order of possession and proceed with eviction if the landlord states in the written notice to the tenant that any payment of rent, damages, money judgment, award of attorney fees, and court costs would be accepted with reservation and not constitute a waiver of the landlord's right to evict the tenant from the dwelling unit. The bill also provides that if a dwelling unit is a public housing unit or other housing unit subject to regulation by the Department of Housing and Urban Development, written notice of acceptance of rent with reservation need not be given to any public agency paying a portion of the rent under the rental agreement. This bill is identical to
Who sponsors SB 197?
SB 197 is sponsored by Mamie E. Locke.
What is the current status of SB 197?
This bill has been enacted into law. Introduced January 01, 2018. Enacted.
Where can I track SB 197?
Track SB 197 free on One Click Politics — get push/email alerts when it moves.

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