2 Virginia rentals: should I opt out of the VRLTA?

4 Replies

Hello, I am preparing a lease for a SF rental in Virginia.  There were changes made to the law in 2017, basically stating that the VRLTA (Virginia Residential Landlord Tenant Act) applies to all residential leases but a landlord w/ 2 or fewer SF rentals can opt out by so stating in the lease (Va. sec. 55-428.3:1(B)).  If the landlord opts out, then a different code section (sec. 55-225.01 - 55-225.48) applies.  

This is my second rental.  I've looked over both code sections and my impression is that the non-VRLTA sections are slightly less onerous than the VRLTA but don't see any big differences.  would like to know if anyone has insight here?  TIA.

@Laura H. I don’t see any reason to opt out. The general assembly seems pretty focused on making the language of 55-225 mirror that of 55.248 anyway. There’s another round of such updates that takes effect July 1 of this year.

I believe the VRLTA is actually favorable to a fair/honest landlord anyway. And of the two, it’s the body of law that judges are most familiar with. So I imagine it would influence their decisions in court whether you opted out or not.

hi I am a victim of a slumlord and I refused to pay rent on his terms in April for a dwelling unit and I can explain the details later.  He does qualify to opt out or VRLTA and I  am reviewing the lease agreement to see if he did and I don't think.these.are expressive opt outs

My notice was failure.to pay rent

1.  Take immediate legal action if failure to pay rent to evict the resident from the premises.

2.  Owner statement stating his rights from this agreement are cumulative in addition the law current or any future law.

3.  Default statement saying any breach false information will give the tenant the right to terminate lease evict the tenant and regain property without any specific time just in general.

Stating he will take legal action and he will have the right to perform actions stated in number three are nrights that he does has according to VRLTA because thats as specific as he explained it.on the lease therefore I don't think he made it clear that he is going to exercise his rights different to VRLTA so that is not an opt out even though he stated that his rights in the agreement are cummulative to the law.