Section 55.1-1208 - [See Note] Prohibited provisions in rental agreements; prohibited feesA. A rental agreement shall not contain provisions that the tenant: 1. Agrees to waive or forgo rights or remedies under this chapter;2. Agrees to waive or forgo rights or remedies pertaining to the 120-day conversion or rehabilitation notice required in the Virginia Condominium Act (§ 55.1-1900 et seq.) or the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.) or under § 55.1-1410;3. Authorizes any person to confess judgment on a claim arising out of the rental agreement;4. Agrees to pay the landlord's attorney fees except as provided in this chapter;5. Agrees to the exculpation or limitation of any liability of the landlord to the tenant arising under law or to indemnify the landlord for that liability or any associated costs;6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation;7. Agrees to the payment of a security deposit, insurance premiums for damage insurance, and insurance premiums for renter's insurance prior to the commencement of the tenancy that exceed the amount of two months' periodic rent; or8. Agrees to waive remedies or rights under the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., prior to the occurrence of a dispute between landlord and tenant. Execution of leases shall not be contingent upon the execution of a waiver of rights under the Servicemembers Civil Relief Act; however, upon the occurrence of any dispute, the landlord and tenant may execute a waiver of such rights and remedies as to that dispute in order to facilitate a resolution.B. No landlord shall charge the tenant any transaction or processing fee or similar surcharge for the use of an electronic fund transfer, as that term is defined in 12 C.F.R. § 1005.3, for the payment of a security deposit, rent, or any other amounts payable.C. Any provision prohibited by this section that is included in a rental agreement is unenforceable. If a landlord brings an action to enforce any such provision, the tenant may recover actual damages sustained by him and reasonable attorney fees.1974, c. 680, § 55-248.9; 1977, c. 427; 1987, c. 473; 1991, c. 720; 2000, c. 760; 2002, c. 531; 2003, c. 905; 2016, c. 744; 2019, c. 712; 2020, c. 998; 2021, Sp. Sess. I, cc. 427, 477, 478.Amended by Acts 2024 c. 838,§ 1, eff. 7/1/2024 That the provisions of the first enactment of this act shall not become effective unless reenacted by the 2025 Session of the General Assembly..Amended by Acts 2021SP1 c. 478,§ 1, eff. 7/1/2021.Amended by Acts 2021SP1 c. 477,§ 1, eff. 7/1/2021.Amended by Acts 2021SP1 c. 427,§ 1, eff. 7/1/2021.Amended by Acts 2020 c. 998, § 1, eff. 7/1/2020.Added by Acts 2019 c. 712, § 1, eff. 10/1/2019.This section is set out more than once due to postponed, multiple, or conflicting amendments.