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>>Disclaimer!<< The forms on this site are some the author has found useful in his practice; even if the laws of Virginia are uniform, practice from one area to another (and one judge to another) varies. And forget any relationship to the laws of any other state. Therefore, use of ANY form (or other document on this site) is at the sole risk and responsibility of the user, and in no way creates or implies an attorney client relationship with the author, his firm, staff, or even his dog. And isn't it silly that we have to cover our *(&%$ with disclaimers in case some fool wants to blame me when they screw up? Oh, using this site means you agree. ================================================== We do a fair amount of LandLord Tenant work: usually for the landlord. (They pay better!) And I've developed some forms that help. First, I believe in using plain english. Something an 8th grader, or even a Judge, can understand. Here's a link to my original plain english lease and other useful documents:
2007 LEGISLATIVE CHANGES The good news is that the General Assembly didn't do much to Landlord-Tenant law in the 2007 session. Mostly it was clarifying a few sections of the law. I can't think of anything they did that is "bad news", possibly a first. The Acts of Assembly Chapter is noted below; use "Search Code of Virginia" link above to find it. | Act of Assembly
(Code Section changed) | Summary of change | Editorial comment of Ross | | chap0252
(55-248.21:1) | Early Termination of lease by military; removed 'pro-rate rent to date of termination' language | Not sure why, but a careful reading of the statute leads me to believe it was surplus language. | | chap0273
(55-248.31) | In 'emergency' terminations provides that if the court can't hold hearing within time limits, case is NOT dismissed | Some judge somewhere must be anal retentive and this fixed that problem. Statute always had a "to extent practical" phrase in it. | | chap0634
(55-222; 55-284.4; 55-248.13;
55-248.15:1 & :2) | # Allows Bad Check fee of $50.00
# Landlord's liability for not maintaining property LIMITED to "actual damages proximately caused" by failure to exercise 'ordinary care'
# CHANGED security deposit to FOUR (4) % below Fed Reserve rate (was one (1) %) and updated table
# Several cosmetic/grammatical changes | # The Bad Check fee is called a "Processing Fee" and added to Definitions.
# The ACTUAL DAMAGES thing could eliminate 'punitive' damages. This could be the sleeper in the bill.
# Security Deposit Interest -- they didn't put in a transition provision. Normally rates change January 1; laws take effect July 1. So if a tenant moves out July 15, what's the 2007 rate? 5.25 or 1.25?? Table has the higher, but the formula indicates the lower? I will advise my clients that they are stuck with the higher one until 2008.
| | chap0869
(16.1-92 & bunch of others) | # Eliminates "Removal" of actions to Circuit Court. Period. Only way to get to Circuit Court is to appeal, and then only if case over $50 bucks. | # The Jury's out on this one. Crazy 'pro se' cases could be gotten rid of by removing them, but it also keeps defendants from abusing the system and insurance companies must now defend in Gen Dist. Ct.
# Indigent defendants do NOT have to post bond for appeal EXCEPT 'trespass, ejectment or any action involving the recovering rents [SIC]' which means Landlord-Tenant appeals still have to post bond within 10 days. | ============ Updated 6/18/07
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