Virginia 2018 Regular Session Status: Enacted

HB 855 — Landlord and tenant law; notice requirements, landlord's acceptance of rent with reservation.

Last action — Approved by Governor-Chapter 220 (effective 7/1/18)

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

This bill has been enacted into law. Introduced January 09, 2018. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 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

Action History

  1. Approved by Governor-Chapter 220 (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. Read third time

  8. Referred to Committee on General Laws and Technology

  9. Constitutional reading dispensed

  10. Read third time and passed House (96-Y 3-N 1-A)

  11. Engrossed by House - committee substitute HB855H1

  12. Committee substitute agreed to 18106220D-H1

  13. Read second time

  14. Read first time

  15. Assigned GL sub: Subcommittee #2

  16. Referred to Committee on General Laws

  17. Prefiled and ordered printed; offered 01/10/18 18102117D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 1 voted No

Sponsors (1)

  • Christopher K. Peace

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"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

Read third time and passed House

Passed 96 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 96300
Total 96300
% of votes cast 97%3%0%0%
How each member voted (99)
Member Party Vote
Campbell — Yea
Cole — Yea
Fariss — Yea
Filler-Corn — Yea
Freitas — Yea
Gooditis — Yea
Habeeb — Yea
Hugo — Yea
Hurst — Yea
Kory — Yea
LaRock — Yea
Landes — Yea
Orrock — Yea
Pogge — Yea
Poindexter — Yea
Rush — Yea
Rodman — Nay
Tyler — Yea
Turpin — Yea
Bell, John J. — Yea
Bell, Richard P. — Yea
Bell, Robert B. — Yea
Ayala — Yea
Bourne — Yea
Bulova — Yea
Byron — Yea
Cline — Yea
Collins — Yea
Edmunds — Yea
Jones, J.C. — Yea
Jones, S.C. — Yea
Marshall — Yea
Mr. Speaker — Yea
Carter — Nay
Gilbert — Yea
Helsel — Yea
Heretick — Yea
Ingram — Yea
James — Yea
Keam — Yea
Levine — Yea
Lindsey — Yea
Miyares — Yea
Mullin — Yea
Murphy — Yea
Peace — Yea
Plum — Yea
Ransone — Yea
Robinson — Yea
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 — Nay
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

public-safety housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 855 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 HB 855?
HB 855 is sponsored by Christopher K. Peace and Paul E. Krizek.
What is the current status of HB 855?
This bill has been enacted into law. Introduced January 09, 2018. Enacted.
Where can I track HB 855?
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