§ 2.04.1. Powers relating to relationship between landlord and tenant.

In addition to the powers granted by other sections of this charter the city may by ordinance:

(a)

Require that any security deposit of money, or prepaid rent, however, denominated, furnished by a tenant or a lessee to a landlord or lessor or agent of same to secure the performance of any part of a written or oral lease or agreement, or as the security for damages to the leased premises, shall be returned to the tenant or lessee within one month after the date the tenancy terminates; provided, however, that the tenant must furnish the landlord or lessor or agent with a forwarding address. Notwithstanding this, the landlord or lessor may retain all or any portion of the deposit as is reasonably necessary to repair unreasonable wear or damage to the leased premises, or as accrued rent, or to compensate the landlord or lessor for actual damages suffered as a result of a default of the lease or agreement by the tenant or lessee. At the inception of the tenancy, the landlord or lessor shall provide the tenant or lessee with a written list of all existing damages, if any, to the leased premises. If any portion of the security deposit is retained upon the termination of the tenancy, the landlord or lessor shall forward to the tenant or lessee, within one month of such termination, an itemized statement accounting for the proceeds retained and giving the reasons therefor.

Such ordinance may further provide that the landlord or lessor or agent of same shall pay interest of four per centum per annum computed in six month increments, on deposits of $100 dollars or more held for more than one year; provided, however, that the interest on all security deposits or deposit on the effective date of such ordinance shall be computed beginning 60 days following such effective date. Such interest shall be paid within 30 days of termination of the tenancy.

The rights and obligations of any landlord or lessor agent of same under such ordinance shall apply to any successor in interest to whom the deposit is given and such security deposit shall be free from attachment by creditors of the tenant, landlord, lessor or agent of same.

Any landlord or lessor or agent of same who is found by a court of competent jurisdiction to have willfully failed to comply with the requirements of the ordinance shall be liable to the lessee in an amount equal to twice the amount of the security deposit. Nothing hereinabove contained shall apply to a business lease or a commercial tenancy.

(b)

Provide that any lease, written or oral, entered into by owners and operators of rental dwellings or dwelling units in the city shall be deemed to include a warranty that applicable laws of the City of Alexandria, Virginia, and the Commonwealth of Virginia, as may be determined by city council, shall be complied with throughout any tenancy.

(c)

Require that owners and operators of rental dwellings or dwelling units in the city exclude from their leases all provisions whereby the tenant agrees;

(1)

To waive the provisions of the Code of Virginia relating to the landlord's taking possession of the premises or of the tenant's personal property, other than for nonpayment of rent;

(2)

To pay the landlord's attorney's fees for any legal action instituted by the landlord against the tenants other than for nonpayment of rent; or

(3)

To indemnify the landlord or hold the landlord harmless, or preclude or exonerate the landlord from any or all liability to the tenant, or to any other person, for any injury, loss, damage or liabilities arising from any omission, fault, negligence or other misconduct of the landlord or the landlord's employees.

(d)

Grant to the city landlord-tenant relations board the power to arbitrate a landlord and tenant dispute when the landlord and tenant voluntarily agree to same. (Acts 1974, ch. 595, § 1; Acts 1975, ch. 511, § 1; Acts 1976, ch. 669; Acts 1982, ch. 480, § 1)