In recent years, one of the legislative changes that brought about significant impact is the requirement that landlords provide their tenants with a copy of the Statement of Tenant Rights and Responsibilities or “TRR” for short. For many private landlords who are unaware of this requirement, it can come as an unpleasant surprise at the worst possible time. If you are unsure how this requirement could impact you or have other questions about whether you are in compliance with the Virginia law, an experienced landlord tenant lawyer can provide the guidance you need.
What Exactly Is the TRR?
As the full name suggests, the TRR is a six-page summary of a tenant’s rights and obligations under Virginia landlord tenant law. It addresses topics such as the security deposit, rent, repair and maintenance, and access to the property. It is intended to provide a clear and concise summary of the basic rights and responsibilities involved in the landlord-tenant relationship
Landlords must use the form available on the Virginia Department of Housing and Community Development website. The form is updated every year in order to reflect any changes in the law, so landlords should be sure to use the most recent version. Ideally, the landlord and tenant should sign and date the last page of the form, with both parties keeping copies for their own records.
Why Is the TRR Important?
The TRR is required to be provided by the landlord along with a written lease pursuant to §55.1-1204(B) of the Virginia Residential Landlord and Tenant Act (“VRLTA”). This requirement is more than just additional paperwork, however. §55.1-1204(H) of the VRLTA goes on to state, “However, the landlord shall not file or maintain an action, including any summons for unlawful detainer, against the tenant in a court of law for any alleged lease violation until he has provided the tenant with the statement of tenant rights and responsibilities.”
In other words, you will not be able to proceed with an eviction until a copy of the TRR has been provided to your tenant. This is a jurisdictional issue for the courts, meaning that they will dismiss any lawsuit that is filed if the landlord did not provide the TRR to the tenant before beginning the eviction process.
What Do I Do if I Didn’t Include the TRR with the Lease?
As mentioned above, the TRR should be included with the lease. However, it is not uncommon for private landlords to miss this step. Fortunately, the problem can be easily fixed by sending a copy of the TRR with your signature with the “pay or quit” or other notice of termination to the tenant, so long as you do it before you file a lawsuit. If you are unsure of what to do, contact a landlord tenant lawyer for help.
Questions about Your Obligations Under the VRLTA? Contact a Landlord Tenant Lawyer at The Herndon Law Firm Today
This area of the law is more complicated than many private landlords realize. If you have a tenant who is in breach of your lease agreement, we can provide you with the guidance you need. Contact us today by phone or email to schedule a free consultation.
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