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Subcommittee adopts substitute to require 60-day notice for nonrenewal by larger landlords

2152898 · January 23, 2025
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Summary

The subcommittee adopted a substitute and reported House Bill 1867, which extends a 60-day notice requirement for lease nonrenewals to landlords owning more than four rental units, aligning those notices with existing requirements for month-to-month and manufactured home tenancies.

The General Laws Housing Consumer Protection Subcommittee adopted a substitute and reported House Bill 1867, a measure requiring landlords who own more than four rental units to provide tenants with 60 days’ notice before choosing not to renew a tenant’s lease.

Sponsor David McClure said the change would ‘‘bring notice requirements for landlords with more than 4 rental units into alignment with other landlords,’’ and argued the requirement helps renters plan and avoid last-minute displacement. ‘‘It is extremely difficult to find rental housing, pack up belongings, and move to a new building,’’ McClure told the committee.

Delegate Delia Price asked whether removing the small-landlord exemption would adversely affect approximately 220,000 units; McClure said he was open to a friendly amendment but the substitute ultimately clarified intent. Association representatives said they did not oppose removing the exemption in principle. Bism Ahmed, representing the Apartment and Office Building Association, said the change ‘‘is already in your standard form lease, and it is pretty much the industry standard.’’

Christy Merrow of the Virginia Poverty Law Center explained enforcement: tenants who do not receive statutorily required notice may invoke the notice period and, if a landlord files an eviction prematurely, the case could be dismissed and refiled. ‘‘There wouldn't be any negative consequence other than to say, okay. You really do have to give them another 30 days or whatever the case may be,’’ Merrow said in explanation of remedies.

The subcommittee considered an amendment and ultimately moved to take the bill with a substitute; the clerk recorded the bill on the uncontested docket as reporting 8 to 0. Advocates said the change standardizes consumer protections for tenants and reduces abrupt displacements; industry representatives said they largely already offer similar notice in practice and worked with sponsors on language.

Under the substitute, the 60-day notice applies prospectively to nonrenewals by landlords owning more than four units; enforcement questions were discussed but the panel recorded the unanimous report.