I recently stumbled upon a discussion about a landlord including a statement in a lease claiming it’s NOT governed by the Virginia Residential Landlord and Tenant Act. This immediately raised red flags for me, and I wanted to explore what that could actually mean and what options a tenant might have.
Is it Even Legal? The General Consensus
The overwhelming sentiment I encountered was that a landlord cannot simply contract out of state or federal law. Several people pointed out that such a clause would likely be void and unenforceable. It’s like writing “I am invincible” on a shirt – it doesn’t actually make you invincible! One person even compared it to a lease demanding murder; just because it’s in the contract doesn’t make it legal.
Understanding Potential Exceptions
While the general rule is that laws can’t be bypassed by contracts, there are nuances. One insightful comment highlighted that the Virginia Residential Landlord and Tenant Act itself contains exceptions. For example, if the property qualifies as a “Recovery Residence” (offering substance-free housing), the Act’s protections might not apply. In such cases, a disclosure in the lease would be prudent and potentially legal.
Important Questions to Ask
- What specific code is the landlord citing? Dig into that code and see what it actually says about the applicability of the Act.
- Is there an alternative state law listed? Sometimes, contracts specify which state’s laws govern them (a “choice of law” clause), though this is unusual in landlord-tenant situations.
- Could the building be exempt for a specific reason? Perhaps it’s a historical building with different code requirements.
Red Flags and Sovereign Citizens
Many people suggested that this kind of statement is a huge red flag. It could indicate the landlord is a “sovereign citizen” type, someone who believes they are not subject to government laws. That’s a situation you likely want to avoid!
Actionable Advice: What You Should Do
- Don’t sign anything until you understand it. This is paramount!
- Contact a tenants’ rights organization in Virginia. They can provide specific guidance.
- Consult with a lawyer. Even a brief consultation can save you a lot of potential hassle.
- Get everything in writing. Make sure you have a record of the landlord’s statement, ideally in the lease itself or via email.
- Do your homework. Read the Virginia Residential Landlord and Tenant Act and understand its provisions.
My Takeaway
While a landlord claiming a lease isn’t governed by state tenant law is a major red flag, it’s essential to understand the specific reasons *why* they’re making that claim. Investigate the cited codes, seek legal advice, and don’t hesitate to walk away if something feels off. Your tenant rights are important, and you need to protect them.