Book Excerpt
Excerpts from Guide to Virginia Landlord Tenant Law for Landlords and Tenants
- Prohibited Terms in Lease Agreements
Certain terms in lease agreements have been declared unenforceable by the Virginia Residential Landlord Tenant Act.
section 55-248.9. Prohibited provisions in rental agreements.
A. A rental agreement shall not contain provisions that the tenant:
1. Agrees to waive or forego rights or remedies under this chapter;
2. Agrees to waive or forego rights or remedies pertaining to the 120-day conversion or rehabilitation notice required in the Condominium Act (section 55-79.39 et seq.), the Virginia Real Estate Cooperative Act (section 55-424 et seq.) or Chapter 13 (section 55-217 et seq.) of this title;
3. Authorizes any person to confess judgment on a claim arising out of the rental agreement;
4. Agrees to pay the landlord’s attorney’s fees except as provided in this chapter;
5. Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or the costs connected therewith;
6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation; or
7. Agrees to both the payment of a security deposit and the provision of a bond or commercial insurance policy purchased by the tenant to secure the performance of the terms and conditions of a rental agreement, if the total of the security deposit and the bond or insurance premium exceeds the amount of two months’ periodic rent.
B. A provision prohibited by subsection A included in a rental agreement is unenforceable. If a landlord brings an action to enforce any of the prohibited provisions, the tenant may recover actual damages sustained by him and reasonable attorney’s fees.
12. Unsigned Lease Agreements
It is not unheard of for a lease agreement not to be signed by the parties, either through intention or oversight. The Virginia Residential Landlord Tenant Act has a section dealing with this situation.
section 55-248.8. Effect of unsigned or undelivered rental agreement.
If the landlord does not sign and deliver a written rental agreement signed and delivered to him by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord. If the tenant does not sign and deliver a written rental agreement signed and delivered to him by the landlord, acceptance of possession or payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant. If a rental agreement, given effect by the operation of this section, provides for a term longer than one year, it is effective for only one year.