SB 1215

Abstract

Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe. Provides that a general district court shall enter an order upon petition by a tenant that his landlord has (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation. The bill allows entry of a preliminary order ex parte to require the landlord to allow the tenant to recover possession of the dwelling unit, resume any such interrupted essential service, or fix any willful actions taken by the landlord or his agent to make the premises unsafe for habitation if there is good cause to do so and the tenant made reasonable efforts to notify the landlord of the hearing. The bill requires that any ex parte order entered shall further indicate a date for a full hearing on the petition that is no later than 10 days from the initial hearing date. Finally, the bill provides that, at a full hearing on such petition and upon proper evidence presented, the tenant shall recover actual damages, the greater of $5,000 or four months' rent, and reasonable attorney fees.

Virginia Residential Landlord and Tenant Act;tenant remedies for exclusion from dwelling unit, interruption ofservices, or actions taken to make premises unsafe. Providesthat a general district court shall enter an order upon petitionby a tenant that his landlord has (i) removed or excluded the tenantfrom the dwelling unit unlawfully, (ii) interrupted or caused theinterruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation. The bill allowsentry of a preliminary order ex parte to require the landlord toallow the tenant to recover possession of the dwelling unit, resumeany such interrupted essential service, or fix any willful actionstaken by the landlord or his agent to make the premises unsafe forhabitation if there is good cause to do so and the tenant made reasonableefforts to notify the landlord of the hearing. The bill requiresthat any ex parte order entered shall further indicate a date fora full hearing on the petition that is no later than 10 days fromthe initial hearing date. Finally, the bill provides that, at a fullhearing on such petition and upon proper evidence presented, the tenant shall recover actual damages, the greater of $5,000 or four months'rent, and reasonable attorney fees.