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Practice Of Real EstateState_specificHARD

A tenant in Virginia signs a one-year lease that includes a clause stating: 'Tenant waives all rights under the Virginia Residential Landlord and Tenant Act.' The landlord later attempts to enforce this clause to avoid returning the security deposit within 30 days. Under Virginia law, what is the legal effect of this waiver clause?

Correct Answer

C) The clause is void and unenforceable because the VRLTA prohibits lease provisions that waive or modify tenant rights granted by the Act.

Under Va. Code § 55.1-1204, any provision in a rental agreement that waives or modifies the rights and remedies of tenants under the VRLTA is void and unenforceable as contrary to public policy. The VRLTA's protections — including the 30-day security deposit return requirement — cannot be waived by contract. The landlord's attempt to use such a clause to avoid the security deposit obligation has no legal effect.

Answer Options
A
The clause is fully enforceable because parties to a contract may freely negotiate and waive statutory rights.
B
The clause is enforceable only if the tenant signed it voluntarily and had independent legal counsel at the time of signing.
C
The clause is void and unenforceable because the VRLTA prohibits lease provisions that waive or modify tenant rights granted by the Act.
D
The clause is enforceable only for the security deposit provisions but not for habitability requirements.

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Related Topics & Key Terms

Key Terms:

waiver_clausevrltaanti_waivertenant_rightslease_provisionspublic_policy

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