Virginia Beach, VA asked in Landlord - Tenant for Virginia

Q: VA Can landlord charge me an "opt-out" fee for choosing a different rental ins co than the one they offer?

I already have renters ins that meet their requirements from my auto ins. They offer it through a specific company but I would like to keep my own without paying them an opt- out fee. Is it legal to force a rebtal company on me?

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2 Lawyer Answers
Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: I had to look it up, and was dismayed and surprised to see that the landlord can charge an 'opt-out' fee - see Virginia Code 55-1206 A, here: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1206/

F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: I think it is not a question of whether it is legal or not legal. It is a question of whether the landlord has a "right" as stated in the residential lease to make that demand. If the lease does not give the landlord that right, then the landlord does not have a contractual right to make that demand.

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