2 Virginia rentals: should I opt out of the VRLTA?

[Laura H.]

Hello, I am preparing a lease for a SF rental in Virginia.  There were changes made to the law in 2017, basically stating that the VRLTA (Virginia Residential Landlord Tenant Act) applies to all residential leases but a landlord w/ 2 or fewer SF rentals can opt out by so stating in the lease (Va. sec. 55-428.3:1(B)).  If the landlord opts out, then a different code section (sec. 55-225.01 - 55-225.48) applies.  

This is my second rental.  I've looked over both code sections and my impression is that the non-VRLTA sections are slightly less onerous than the VRLTA but don't see any big differences.  would like to know if anyone has insight here?  TIA.

[Matt Clark]

Laura H. I don’t see any reason to opt out. The general assembly seems pretty focused on making the language of 55-225 mirror that of 55.248 anyway. There’s another round of such updates that takes effect July 1 of this year.

I believe the VRLTA is actually favorable to a fair/honest landlord anyway. And of the two, it’s the body of law that judges are most familiar with. So I imagine it would influence their decisions in court whether you opted out or not.