55-248.9 - Prohibited provisions in rental agreements. - Virginia Statutes

§ 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-dayconversion or rehabilitation notice required in the Condominium Act (§55-79.39 et seq.), the Virginia Real Estate Cooperative Act (§ 55-424 etseq.) or Chapter 13 (§ 55-217 et seq.) of this title;

3. Authorizes any person to confess judgment on a claim arising out of therental agreement;

4. Agrees to pay the landlord's attorney's fees except as provided in thischapter;

5. Agrees to the exculpation or limitation of any liability of the landlordto the tenant arising under law or to indemnify the landlord for thatliability or the costs connected therewith;

6. Agrees as a condition of tenancy in public housing to a prohibition orrestriction of any lawful possession of a firearm within individual dwellingunits unless required by federal law or regulation; or

7. Agrees to both the payment of a security deposit and the provision of abond or commercial insurance policy purchased by the tenant to secure theperformance of the terms and conditions of a rental agreement, if the totalof the security deposit and the bond or insurance premium exceeds the amountof two months' periodic rent.

B. A provision prohibited by subsection A included in a rental agreement isunenforceable. If a landlord brings an action to enforce any of theprohibited provisions, the tenant may recover actual damages sustained by himand reasonable attorney's fees.

(1974, c. 680; 1977, c. 427; 1987, c. 473; 1991, c. 720; 2000, c. 760; 2002,c. 531; 2003, c. 905.)