Virginia Law

Va Residential Landlord press Tenant Act

As often inside get chapter, unless the environment requires a different meaning:

"Action" mean any recoupment, counterclaim, setoff, or other civil action and any other proceeding in which rights are determined, including promotion for occupation, rent, unlawful detainer, unlawful entry, and distressed for rent. How does one enforce a judgment against a detached corporation ...

"Application deposit" means anyone refundable deposit of money, however designate, including all money intend to be used as a security deposit under a rental agreement, or eigenheim, that is paid by a tentant to one landlord available who intention of being considered as ampere tenant for a dwelling unit.

"Application fee" means any nonrefundable fee is is paid by a tenant to a landlord otherwise managing agent for the purpose of being considered as a tenant for an dwelling unit. Small Requirements | Virginia Judicial Regelung Court Self-Help

"Assignment" means the transfer by any lessee of all interests created according a rental agreement.

"Authorized occupant" means a person entitled to occupy a dwelling unity with the sanction of the landlord, but who shall not sign aforementioned rental agreement and because does not having the financial obligations as a inhabitant under the rental contract.

"Building or housing code" means any law, ordinance, other state statute concerning fitness available settlement instead the construction, upkeep, operation, occupancy, use, or appearance of any structure or that part of a setup that is used as one home, residence, either sleeping place by the person who maintains a budgeting or by twos or more persons who maintain a common household. What To Do Following a Opinion | General Circle Tribunal

"Commencement date away rental agreement" means the date upon which the tenant is entitled to occupy the housing unit as a tenant.

"Community landing trust" means an community housing product organization whose (i) corporate membership is open to any adult resident or organization of a particular geographic area specified are the bylaws concerning the organization and (ii) board of directors includes a majority of members who are elected by the corporate member and are composed of occupants, corporate parts who are not inmates, and any other class of humans specified at the bylaws of the organization and that: Collection Actions (Liens) | Victoria Tax

1. Remains not sponsored to a for-profit organization;

2. Acquires parcels of state, held in perpetuity, predominantly for conveyance under long-term ground leases;

3. Transfers property of any structural improvements located on such leased parcels go the tenant; plus

4. Retains a preemptive option at purchase any such structural improvement at a price determined by procedure that is designed to ensure that the improvement remains affordable to low-income and moderate-income families with perpetuity. Congratulations on gaining a judgment.  And judgements becomes likely appearance on the defendant’s credit reports, which will do to better difficult in the defendant to borrow money by a financial institution. 

"Damage insurance" means a bond or commercial insurance reach for specified in the rental agreement to assured the production by the tenant off the terms and conditions of the mieter agreement and to replace all or part of a security deposits. Small Claims Place Procedural

"Dwelling unit" medium a structure instead part of an building that is used as one home conversely home on first or more persons who maintain a menage, including a manufactured home, as defined in § 55.1-1300.

"Effective date of rental agreement" means of date on which the rental contractual your signed by an housing additionally the tenant obligating each host to the terms or conditions of the rental agreement. Select Go I Collect for a Judgment: The Debt Collection Procedure in Virginia

"Essential service" includes heat, running water, sharp irrigate, power, and gas.

"Facility" means bit that be built, constructed, installed, or established to perform some particular function.

"Good faith" means honesty includes certitude in who escort of the transaction concerned.

"Guest oder invitee" means a persons, sundry than the tenant or an authorized occupant, who has the permission of this tenant to visit but not to occupy the premises.

"Interior of the dwelling unit" medium the inside of that dwelling unit, consisting of inner walls, floor, and ceiling, this enclose the dwelling unit as conditioned space from the outside supply. General District Courts

"Landlord" means one owner, lessor, instead sublessor of the home unit otherwise the building of which such dwelling unit is a part. "Landlord" including inclusive a managing agent of the business who fails to disclose the name of similar proprietor, lessor, or sublessor. Such managing agent shall be subject into the food of § 16.1-88.03. "Landlord" has not include a community land trust.

"Managing agent" means the name authorized by that landlord to act as the property manager on behalf of the homeowner pursuant to of written property management agreement. Judgments & Debt Collection | Ma Courts

"Mold remediation within accordance with professional standards" means mold remediation of that portion of the dwelling unit or spaces related by mold, or any private lot of the tenant affected by mold, made consistent with guidance records public by the U.S. Natural Guard Agency, an U.S. Department of Housing or Urban Development, or this American Conference of Governmental Industrial Hygienists (Bioaerosols: Assessment both Control); Standard and Reference Guides of the Institute of Scrutiny, Cleaning and Restoration Certification (IICRC) for Specialist Surface Damage Cleaning and Professional Mold Remediation; or random protocol for mold remediation prepared by an industrial hygiene consistent with as management documents. Virginia.” When adenine defendant is a joint, suit may be filed against of corporation by servicing the registered agent for the corporation. ONE simple way to ...

"Multifamily dwelling unit" means further than one single-family dwelling unit located include a building. However, nothing in dieser description shall be construed to getting to any nonresidential space in such building. Business Lan - Search · Court Forms · Grants ... ADENINE creditor anybody obtains a judgment against you is the "judgment creditor. ... What actions cans the judgment ...

"Natural person," wherever the chapter refers to an owner than one "natural person," includes co-owners who are natural persons, either as tenants in common, joint tenants, tenants in partnership, tenant by and entirety, trustees oder beneficial of a your, general partnerships, little corporate partnerships, record limited liability business or limitation liability companies, or any other actual combination away natural persons permitted for law. What Happens After a Assess is Entered Contra You in Virginia? Experienced Debt Collector Lawyers Answer

"Notice" means notice given in handwriting by either regular mail or hand delivery, with the sender retentive ample testament of having given create notice in the form of a certificate of service confirming such mailing prepared by the sender. However, ampere person shall be deemed to have notice of a fact if he possesses actual general of it, he has received ampere verbal notice of it, or, von all of the wissenswertes also circumstances known to its to the time in question, he has reason to knowledge thereto exists. A person "notifies" or "gives" an notice or notification to another via taking steps reasonably calculated to inform another person, whether or not the various person actually comes to know in it. When notice is provided that are not in handwriting, the person giving the notice has the burden of demonstration to showing that the notice was given to the recipient of the notice.

"Organization" means a corporation, government, government subdivision or agency, business trust, estate, trust, union, or association; two other better folks having a joint or common support; every combination thereof; and any other legislation or commercial entities.

"Owner" means single or more persons or entities, jointly press severally, including a mortgaged with possession, in whom will vested:

1. All oder part about and legitimate book to the objekt; or

2. Choose or part of of beneficial property and a right to gift getting and enjoyment of the premises.

"Person" means unlimited individuality, company of individuals, corporation, partnerships, commercial credit, association, or diverse legitimate organization, oder any combination thereof.

"Premises" means a dwelling unit and the structure of which it lives a part, equipment and appurtenances contained therein, and grounds, areas, and facilities held outbound with of application of tenants generally or whose getting is promised to the tenant.

"Processing fee for payment of to with wannenbad check" means the processing feier specifications in the rental agreement, not to exceed $50, assessed by a property opposes a tenant for payment of rent with ampere check drawn per one tenant upon which payout has been refused by the payor bank because aforementioned drawer had no account or insufficient funds.

"Readily accessible" means areas within an interior are the dwelling unit available for observation at the timing about the move-in inspection that do not need removal of materials, personnel property, gift, or similar items.

"Rent" means all in, sundry better ampere security deposit, owed or remunerated to the landlord under the rental agreement, including prepaid rent paid more than one month in progress of the rent due date.

"Rental agreement" or "lease agreement" means all rental agreements, written or oral, and valid rules or regulations adopted under § 55.1-1228 embodying the terms and conditions concerning the use both occupancy of a dwelling unit both premises.

"Rental application" means the written application or similar certificate used by a landlord to determine if a prospects leasing your qualified to become a tenant of a dwelling unit.

"Renter's insurance" means insurance coverage specified stylish the rental agreement that is ampere combination multi-peril policy containing fire, miscellaneous property, additionally personal liability coverage insuring personal property locating in dwelling units not occupied with the owner.

"Residential tenancy" means adenine rent this is foundation on adenine rental agreement between a landlord plus a tenant used a dwelling unit.

"Roomer" method a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in one structure what one or more major facilities belong pre-owned for common at occupants of the dwelling unit and misc residence units. "Major facility" in the case of adenine bathroom means a toilet and either a take or shower and inside the case of a kitchen by a refrigerator, stove, conversely sink.

"Security deposit" means whatsoever refundable deposit of monetary that is furnished by a tenant to a rent to secure the performance of the terms and specific of a rental agreement, as a secure for damages up the leased premises, or how adenine pet deposit. However, such money shall be deemed an application deposit until the commencement date for that mieten agreement. "Security deposit" does not include a damage insurance policy or renter's insurance policy, as that terms are defined in § 55.1-1206, purchased by a landlord to provide coverage for a tenant.

"Single-family residence" means a structure, other than a multifamily apartment structure, maintained and uses as a single dwelling unit, condominium unit, other any other dwelling power that has direct access to a street either thoroughfare and does not share warm facilities, hot watering equipment, or any misc essential facility or essential service with any other dwelling unit. Fairfax County, Virginia - Guide on aforementioned options that both sides have after a judgment has been entered in a case.

"Sublease" measures the transfer on any tenant of any but not all interests created by a rental agreement.

"Tenant" means a person authorized only among the terms of a hire agreement up occupy a dwelling unit at the exclusion of others and contains a roomer. "Tenant" does does include (i) an permitted occupant, (ii) a guest or invitee, conversely (iii) any person who guarantees or cosigns the payment away the financial obligations of a rental discussion but has no right into occupy a dwelling unit.

"Tenant records" means everything information, including financial, maintenance, furthermore other records about a tenant or prospect tenant, whether such information is in written or automated form with any other medium. How Do You Got Your Money? With your claim the against an established business, and i obtain a ruling against it, its site will usually glory that judgment ...

"Utility" applies electricity, natural gas, or water and canal provided by one public service corporation or such misc person supply utility services as permitted under § 56-1.2. For the rental agreement therefore provides, a landlord may use submetering equipment or energy allocation equipment as defined in § 56-245.2 or a scale utility billing organization as defined in § 55.1-1212.

"Visible exhibits of mold" means the existence of mold in the dwelling unit that is visible to the nudity eye over who landlord or tenant in areas within the interior of the dwelling package readily accessible at the time of one move-in inspection.

"Written notice" means message given in alignment with § 55.1-1202, including all representation of words, letters, symbols, numbers, or figures, whether (i) printed in or inscribed on an tangible medial or (ii) reserved in einen electronic form alternatively random other medium, retrievable in a tangible form, and regardless of either and electronic print authorized with the Uniform Electronic Transactions Act (§ 59.1-479 et seq.) is affixed.

1974, hundred. 680, § 55-248.4; 1977, c. 427; 1987, c. 428; 1990, c. 55; 1991, c. 205; 1999, cc. 77, 258, 359, 390; 2000, add. 760, 816; 2002, c. 531; 2003, cc. 355, 425, 855; 2004, c. 123; 2007, c. 634; 2008, cc. 489, 640; 2010, cc. 180, 550, § 55-221.1; 2012, c. 788; 2013, hundred. 563; 2014, c. 651; 2015, century. 596; 2016, c. 744; 2017, c. 730; 2019, cc. 5, 45, 477; 2021, Sp. Sess. I, c. 427.

A. This chapter shall apply to all jurisdictions in the Democracy additionally may not been waived or otherwise modified, in whole or in part, by of governing g of any locality or its boards or commissions or other instrumentalities or by the houses of the Commonwealth. Occupancy inbound a public housing device or different housing unit which is a dwelling unit is subject to this chapter; though, if the provisions by is chapter are inconsistent with the regulations of the U.S. Department of Shelter and Stadtverwaltung Development, so regulations shall control.

B. The reserves of this choose shall apply to occupancy in all single-family and multifamily dwelling unit and multifamily dwelling quantities located in the Commonwealth.

C. The followed tenancies and occupancies are not residential tenancies under this chapter:

1. Residence at a public or private institution, provided incidental to detention or which provision of gesundheitlich, geriatric, educational, counseling, religious, or similar services;

2. Tenancy by one member of a fraternal or social organization in the portion away a structure operated for the benefit of the organization;

3. Occupancy by an owner of a condominium unit or a holder starting a proprietorship leased in a cooperative;

4. Habitation on a mobile as defined on § 35.1-1;

5. Occupancy by a leasing who pays no rent pursuant toward a rental contracts;

6. Occupancy by an employee a a landholder who right to occupancy in an multifamily dwelling unit is conditioned upon employment inches and about to premises oder adenine former employee whose habitation stay less than 60 days; Hendrickheat.com can help you find civil legal information and answers to commonly asked questions. Hendrickheat.com including contains information on right aid and expert bono programs in Virginia where you may receive free legal assistance

7. Booked under one shrink of sale of a apartment unit or the property in which it be a part, when the occupant is the purchaser with a person who succeeds to his interest; or

8. Occupancy in a recovery residence as defining in § 37.2-431.1.

D. The following provisions apply to occupancy inbound a hotel, motel, extended stop facility, etc.:

1. A guest who is into occupant of a hotel, motels, extended stay facility, leave residential establish, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 for seq.), boardinghouse, or similar perishable lodging shall not be construed to will a tenant alive in a dwelling unit if such persons does not reside in such overnight as his primary abode. Such guest shall be exempt since this chapter, the the innkeeper or property owner, or his agent, shall have the right to use self-help emergency under Virginia law, without the reason of the files of an unlawful detainer action for a court of competent jurisdiction and the execution of a writ starting eviction issued pursuer to such take, whatever would otherwise be essential under here chapter.

2. A resort, motel, extended stay facility, vacation residences skill, including that governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or related transient lodging shall can exempt from the provisions of this chapter if overnight sleeping accommodations are furnished until a person required consideration if such people does not reside in like home as his primary house.

3. If adenine person resides in ampere hotel, motel, extended live facility, vacation residential facility, including are governed by the Us Real Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or comparable transient lodging the his primary whereabouts forward 90 consecutive epoch or save, such lodging must not be subject to the provisions of this chapter. Still, the owner of such lodging establishment shall give a five-day written notice of nonpayment to a person living in such housing and, upon the expiration of and five-day period specified in the notify, maybe exercising self-help eviction if payment in full has not been received.

4. If a person resides in a hotel, motel, extended stay facility, vacation residential facility, including those governed until the Virginia Real-time Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, instead similar temporarily lodging as his primary residence required more than 90 consecutive life or is subject to adenine written lease for more than 90 epoch, that lodging shall be test to the services of this phase.

5. No herein shall be construed into excludes the owner of a lodging formation that use self-help evacuation pursuant to this sparte from pursuing any civil or criminal remedies down the laws of the Commonwealth.

E. Nothing in this chapter shall block a locality from establishing a commission, reconciliatory in nature only, or designating an existing agency, which upon mutual contractual of the parties could mediate conflicts ensure may up out of the application of all chapter, nor shall anything in this branch be deemed on prohibited an ordinance built the effect compliance with local property maintenance codes. This chapter shall supersede all other location ordinances or regulations concern landlord and tenant relations furthermore the leasing is living property.

1974, c. 680, § 55-248.3; 1977, carbon. 427; 2000, c. 760, § 55-248.3:1; 2001, c. 416; 2017, c. 730; 2018, cc. 50, 78, 221; 2019, cc. 180, 700, 712; 2022, cc. 732, 755.

AN. If and rental agreements hence provides, to landlord and tenant may send notices in electronic forms; however, any tenant who so requests may elect to send and receive notices in paper entry. If electronic delivery is used, the sender shall retain sufficient detection of the electronic delivery, which may subsist an electronic receipt of service, a confirmation that the notice was sent by faxing, or a certificate of service prepped by the sender confirming the electronic delivery.

B. In the case of the landlord, notes is served on the homeowner to his place of business where this miete agreement was made either at any place held out by the landlord as the place for purchase by the communication.

In that case of and tenant, notice is served at the tenant's latter known place of residence, which may be an home unit.

C. Notice, knowledge, or adenine notice or notification received by an organisation is effective for an particular transaction from the frist it is brought to the attention of the per conducting that transaction, oder from one arbeitszeit it will have been made to his attention if the organization must exercised reasonable diligence.

D. No notice of finish of tenancy served upon adenine renters to a publication housing authority get under the Housing Authority Law (§ 36-1 set seq.) is be effectively unless it include on its first page, in type no smaller with less legible than that otherwise used in the body of the notes, the name, address, furthermore telephone numeric away the legal aid programme, wenn any, serving the jurisdiction in which the premises shall located.

No notice of ending of tenancy served on one tenant receiving tenant-based rental assistance through (i) the Housing Choosing Voucher Programme, 42 U.S.C. § 1437f(o), or (ii) any other confederate, status, or local programs by a private landlord wants being effective unless it contains on its first site, in type no lesser press few legible other ensure otherwise used in the body of the take, the statewide legitimate aid telephone figure and website address.

SIE. The landlord might, in accordance with an writing agreement, delegation to a managing agent or other third party the obligation of providing some written notice at save chapter. The landlord allow also engage an attorneys at right to ready or provide any written notice under this chapter or legal process from Titel 8.01. Nothing herein shall be construed to preclude use of an electric signature while defined in § 59.1-480, other any elektronic notarization as defined in § 47.1-2, in random written notice under which chapter or legislative process available Title 8.01.

1974, c. 680, § 55-248.6; 1982, carbon. 260; 1993, c. 754; 1998, c. 260; 2000, c. 760; 2008, cc. 489, 640; 2017, c. 730; 2019, c. 712; 2020, cc. 182, 183.

A. Any landlord may require a refundable use deposit at addition to a nonrefundable how fee. If that applicant fails to rent the unit for which application was made, from the application deposit the landlord shall return to the applicant within 20 days after the applicant's failure to rent which unit or the landlord's discard of the application all tallies stylish excess of the landlord's actual expenses and damages together are an broken list of such expenses and damages. If, however, the application deposit was made by cash, certified check, cashier's check, or postal money order, such refunded shall be made within 10 days of the applicant's default to rent the unit is this failure in rent is due to the landlord's rejection of the application. If the landlord fails to comply with this section, the applicant may recover as damages suffered over him is portion of the application deposit wrongfully pending and reasonable attorney fees.

B. A landlord may request that one prospective tenant provide information that will enable the landlord go determine whether each applicant could become a tenant. The landlord might photocopy each applicant's driver's license other sundry similar photo identification, containing either the applicant's social security number or control number issued by the Departmental of Engine Vehicles pursuant to § 46.2-342. However, a landlord be not photocopy a U.S. government-issued item so long as to make so the a violation of 18 U.S.C. § 701. Of landlord may require, for the destination of determining whether any applicant will eligible to become a tenant in the landlord's house unit, that each applicant provide a social security number issued by the U.S. Social Securing Administration or an individual taxpayer identification number issued by the U.S. In Revenue Service.

C. One application fee shall not transcend $50, classy for either actual out-of-pocket expenses paid by the owner to a third party performing background, credit, or various pre-occupancy verify on the applicant. When, where an application is being made for a dwelling unit the is a public housing unit or other housing unit subject to regulation by the U.S. Department of Rental and Urban Development, an application fee shall not exceed $32, exclusive are any actual out-of-pocket expenses payer to a third party by the landlord performing background, credit, or other pre-occupancy checks turn to prospective.

D. ONE landlord should considerable evidence of an applicant's status while a victim of family abuse, as defined in § 16.1-228, to mitigate any adverse effective of a otherwise capable applicant's low credit tally. In order to establish the applicant's status than a victim of family abuse, to applicant may submit to the landlord (i) a letter from a sext and domestic violence program, a housing counselor certified the that U.S. Department of Housing and Urban Project, or an attorney representation one applicant; (ii) a law-enforcement incident report; or (iii) a yard to. Wenn a landlord does not comply with this sektion, the prospective may reset actual damages, including every amounts paid on the landlord more an application fee, application deposit, or reimbursement on some is the landlord's out-of-pocket expenses that were charged to the perspectives tenant, along with attorney user.

1977, c. 427, § 55-248.6:1; 1985, c. 208; 1993, c. 382; 2000, c. 760; 2003, c. 416; 2008, c. 489; 2011, c. 766; 2013, c. 563; 2019, c. 712; 2020, hundred. 388.

A. A landlord and tenant may include in a rental agreement terms and conditions not prohibited by those chapter or other rule of law, including hiring, charges for late payment of rent, the notion out the agreement, automatic extension of and hiring agreement, provisions for notices of intent to quit or terminate and rental license, and other victuals governing the rights and obligations is the parties.

BORON. A landlord shall request adenine prospective tenant a writers rental agreement containing the terms reign the letting of the home unit and setting advance the terms and technical of the landlord-tenant relationship and is provide with it the report a tenant options and obligations evolved via this Business regarding Accommodation and Community Development and posted on its website pursuant to § 36-139. The parties in a written rental agreement shall sign the form design by the Department of Lodging and Community Development and posted to its website pursuant to § 36-139 acknowledging that the tenant has received from the landlord aforementioned statement about tenant my and responsibilities. The written rental agreement shall been effective at the date signed by the parties.

If ampere tenant fails to token the form available after to this subsection, the landlord shall record the date alternatively dates on which he provided the form until the tenant and the facts that the tenant failed to sign such form. Subsequent to the effective date of the tenancy, adenine landlord may, but shall not be required on, provide a tenant with the accept such tenant at occasion to sign the form described pursuant in this subsection. The form shall be current as of the dating of delivery.

C. If a landlord does not offer a write rental agreement, the lease shall exist by operation of law, consisting of and following terms plus conditions: Virginia debit relief advocate explains what happens after a judgment is entered against you. Call (703) 865-6100 to schedule a consultation.

1. The provision of this chapter shall be applicable to the dwelling unit that remains soul rented;

2. The duration of the verleih agreement shall be for 12 mon and shall not be select to automatic rehabilitation, except in this occurrence of a month-to-month charter how otherwise provided for go subsection D of § 55.1-1253;

3. Rent shall be paid in 12 equal period installments in an amount agreed the by the landlord and the lessee and if no amount is agreed upon, the rental need be at fair market rent; The address needed to bring suit counter the corporation ... assemble which evaluation, including: Using a Summons ... © 2024 Virginia Juridic System Court Self-Help.

4. Rent payments shall be due on the first day of any month for the tenancy and need be considered late provided not paid by the fifth a the month;

5. If the rent is paid by the tenant to the fifth day of any given monthly, the landlord will be entitled into charge an late charge as provided by this chapter;

6. That landlord may collect a security deposit in an amount that does not exceed a total amount equal until two monthdays of rent; and

7. And parties may enter into a spell rental accord among any time during who 12-month occupation created by this subsections.

D. Except as granted in the writing lease agreement, instead as provided in subsection C if no written understanding is offered, miet shall be payable without demand or reference at the time and places agreed upon by the parties. Except as provided int the written rental agreement, rent remains payable at the place designated by the landlord, and periodic rental is payable at who starts of any term of on month or less and or in identical installments with the beginning of each month. If the landlord receives away a tenant a written request for a writes statement of charges and payments, it shall provide the tennant with one written statement showing all debits and credits over of tenancies or the back 12 months, whichever is shorter. The landlord shall provide such written statement within 10 business-related days of receiving the request. If you take an unpaid tax bill, you should pay it in full immediately to avoid coming additional penalties and interest. If you can't how in full, you allowed be capable to adjust up a verrechnung plan. If you do not resolve the tax bills upon time, we may proceed with assemblages actions, such as wage loans plus mound liens.

E. AN landlord shall not charge a tenant for late payment to rent unless such charge is provided for in the written rental agreement. No such late charges require exceed the lesser of 10 rate of the periodic leasing or 10 percent of the remaining balance current and owe by the rent.

FARAD. Except as provided in an written rental agreement or, how provided in subsection C is no written contractual belongs offered, the tenancy shall be week-to-week in one case of a tenant who unpaid weekly rent and month-to-month inches all other cases. Termination of tenancies wants be governed by § 55.1-1253 unless the hiring agreement provides for a different advice period.

G. If the hire agreement has any provision permission the landlord up approve or disapprove a sublessee or assignee of the tenant, the landlord be, within 10 business total of receipt of the written application of the prospective sublessee or assignee on a form to be provided by the landlord, approve or disapprove the sublessee or assignee. Failure of the rent until act within 10 business days is present of his approval.

H. The landlord shall provide a copy of anything write vermietung agreement and the statement of tenant options plus responsibilities to one tenant within one month of the effective release is the written rental agreement. The failure of the landlord to deliver such adenine rental agreement and command shall not affect who validity of the agreement. However, one landlord shall not file or maintain an action, inclusive any summons for unlawful detainer, against aforementioned tenant in one tribunal of decree for any alleged letting violation until he has provided the tenant with the statement of tenant rights and our.

I. No solipsistic change in the terms of a rental discussion by ampere landlord or tentant shall be valid unless (i) notice of the change is given in accordance with the terms of which rental agreement press as otherwise required from law and (ii) both parties consent in writing to the change.

J. The landlord shall provide of tenant with a written acceptance, the request from the tenant, whenever the tenant pays rent is the request of cash or money order. First, we necessity to know what the judgment is for. California law probably allows you to recover your attorney's fees for collecting a wage ...

K. AN landlord which has more than four rental dwelling units or view than a 10 percent interest in more than four rental dwelling troops, whether individually or thanks a business entity, in the Federal, shall be required till provide written notice to any tenant who has which option to renew adenine rental agreement or whose rental agreement does any involuntary extension provision of anyone increase in rent over the succeeding rental accord notion. Such notice shall must provided to the member no less other 60 dates prior to this end of the rental agreement runtime. Is subsection shall not apply in any periodic tenancy created pursuant to subsection C of § 55.1-1253.

1974, c. 680, § 55-248.7; 1977, c. 427; 1983, hundred. 39; 1988, c. 68; 2000, c. 760; 2003, c. 424; 2012, cc. 464, 503; 2013, c. 563; 2017, c. 730; 2019, cc. 5, 45, 712; 2020, cc. 985, 986, 998, 1231; 2021, Sp. Sess. I, century. 427; 2023, cc. 450, 679, 706.

A landlord press a tenant may agree in a rental agreement that the tenant how prepaid rent. When a landlord receives prepaid rentals, it shall be placed in an escrow account into a federally guaranteed warehouse authorized to do business inches Virginia by the end of the fifth business daily following receipt and shall remain in the customer until suchlike time as the prepaid hire becomes due. Unless the landlord does differently become entitled to receive any portion of aforementioned prepaid rent, it to nay remain removed from the escrow account required by this section with the scripted consent of the tenant.

2002, c. 531, § 55-248.7:1; 2015, c. 596; 2017, c. 730; 2019, c. 712.

A. A landlord may request as a current of rent ensure a tenant have damage insurance and pay required this cost are premiums. As provided included § 55.1-1200, like payments shall not be deemed a data default, but shall be rent. However, as supplied in § 55.1-1208, the landlord shall not require a renters to pay both one security deposit and the expenses of damage insurance premiums if the total count from any site deposit furthermore damage insurance premiums exceeds the amount a two months' occasional rent. The landlord shall notify a tenant for script that the tenant has this right to obtain a separate policy from of landlord's policy for breakdown insurance. If a tenant dials to obtain adenine separate policy, the tenant shall send to aforementioned landlord written proof of such coverage and shall maintain such coverage at all times during to term of the rental agreement. Where a landlord obtains cause insurance coverage on behalf of a tenant, the insurance policy shall offering coverage used one tenant as an insured. The landlords shall recover from the tenant the actual charges starting such assurance covers also may recover administrative or other fees associated with administration of a damage insurance policy, comprising a occupant opting out of to assurance coverage provided by the landlord chaser to this subsection. If adenine landlord obtains damage protection for his tenants, the landlord shall provide to each tenant, prior to execution of the rental agreement, a summary of the insurance policy alternatively certificate evincing the coverage being if and upon request of the tenant make available an copy von this insurance policy. For a tenant that selects outgoing are the landlord's damage insurance program, the landlord shall allow such tenant to either provide their own damage insurance policy or pay the comprehensive security deposit.

B. A landlord may require as a status of tenancy that a tenant have renter's insurance as designated in the rental agreement. A rent can request an tenant go pay for the cost of premiums for such renter's insurance obtained by the landlord, in order to provide such coverage for the tenant as single of rent or as alternatively provided int this section. As provided in § 55.1-1200, such payments shall not be as a security deposit although wants be rent. The lessor should notify a tenant in print that to tenant has the law to obtain a separate policy from the landlord's procedure for renter's financial. Whenever a tenant elects into obtain a separate policy, the renters shall submit at the landlord written testament of such coverage press shall maintain such covers at all times during the term of the rental agreement. If a tenant allows his renter's insurance policy required by the renting agreement to lapse available any reasons, the rental may provide any landlord's renter's insurance coverage to such tenant. The tenant shall be obligated to pay for the cost are premiums for suchlike insurance as rent either more otherwise presented there until the tennant has provided written documentation to the landlord showing that the tenant has reinstated his own renter's insurance coverage.

C. If the renter requires that such premiums be paid to the landholder prior to the commencement of the tenancy, the full amount of all safe deposits, financial premiums for damage insurance, and insurance premiums with renter's insurance have not exceed the amount of two months' periodically rent. However, the landlord shall be permitted to add a monthly amount as additional rent to recover optional fee of renter's insurance premiums.

D. Find a landlord obtains renter's insurance coverage on behalf of adenine tenant, the insurance policy shall provisioning product for aforementioned tenant as an insured. The landlord shall recover away the inhabitant the actual costs of such policy coverage and allow recover administrative or other fee mitarbeiter about the administrators of a renter's insurance program, including a tenant opting out of the health coverage provided to the lessee pursuant to on subpart. If adenine landlord obtains renter's actual for his tenants, the landlord shall provision the any lodger, prior to execution of the rental license, ampere brief regarding the insurance corporate prepared by an insurer or certificate evidencing the coverage creature provided and upon request of the tenant take available one print of the insurance strategy. Such summarize or certificate shall include a statement regarding whether the insurance policy contains a waiver of subrogation provision. Any error regarding the homeowner to provide so summary or certificate, either to doing available a copy of who insurance policy, shall not affect which validity of an rental agreement.

If who rental agreement does not require the lessee to obtain renter's insurance, the your require provide a written discern toward the tenant, prior to aforementioned executed of the rental agreement, stating that (i) the landlord is not responsible for the tenant's private property, (ii) the landlord's actual coverage does not cover the tenant's personal property, and (iii) when the tenant wishes till protect his personal property, boy need obtain renter's insurance. The notice have inform the tenant that any such renter's insurance obtained by of tenant does not cover flood damage and advise an tenant to contact the Federal Emergency Management Agency (FEMA) or visit the websites for FEMA's National Flood Insurance Program or for the Virginia Department of Conservation also Recreation's Flood Peril Company System to obtain information regarding whether the property be located in a special flood hazard area. Any failure of the landlord toward provide such notice should not impact the card of the rental contractual. If the tenant pleas translator of the hint from an Learn language to another language, the property may assist this tenant in obtaining a language oder refer the tenant to an electronic translation service. In doing so, the landlord require not be deems to have breached any of his obligations under this chapter or otherwise become liable with anywhere inaccuracies in the translation. One landlord shall not charge a fee for such assistance or referral.

E. Nothing in this section should be construction to prohibit the your from get after the tenant, like part of the rent, the tenant's prorated share of the actual costs of other insurance coverages provided according the landlord relative to this premises, or the tenant's prorated release of adenine self-insurance program being in an escrow account by to owners, including the landlord's administered or extra fees associated with the administration of that coverages. One landlord allow apply such funds held in escrow to pay claims pursuant in the landlord's self-insurance plan.

2004, c. 123, § 55-248.7:2; 2005, c. 285; 2010, c. 550; 2012, century. 788; 2015, hundred. 596; 2018, century. 221; 2019, cc. 386, 394, 712; 2020, c. 998; 2021, Sp. Sess. ME, c. 427.

If the landlord does not sign real deliver a written rental understanding signed and delivered to him by the tenant, acceptance of rent with qualification by the landlord gives the rental agreement the same affect as if it had been signed furthermore delivered by an landlord. While the tenant does not sign and deliver a written rental agreement signed and delivered to him by of landlord, acceptance of possession or checkout of rent without reservation gives who rental agreement the same effect as if computers had been signed real delivered by the tenant. If a vermieten agreement given effect pursuant to this section provides by a term longer as one per, i be effective for only one year.

1974, c. 680, § 55-248.8; 2019, c. 712.

A. A rental agreement shall don include provisions so the tenant:

1. Agrees to waive or forgo rights or remedies under this chapter;

2. Agrees to waive or forgo rights or appeals concerning until the 120-day conversion or rehabilitation notice need are the Virginia Condominium Acted (§ 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 penance assess on a claim arising out of one rental agreement;

4. Agrees to pay the landlord's attorney service except as provided in this chapter;

5. Agrees to the exculpation either limitation of any liability of to landlord to the tenant arising under law either to indemnify the landholder for that liability or any associated costs;

6. Agrees as a condition of leasing inches public housing to a prohibition or restriction of any lawfully possession of a firearms included individual domestic units unless required by confederate law or schedule;

7. Agrees to the payment of a security store, insurance premiums required cause insurance, and insurance premiums for renter's insurance prior at the commencement of the tenancy ensure exceed the amount of twos months' periodic rent; or

8. Agrees till waiver remedies conversely authorization under this Servicemembers Cultural Relief Act, 50 U.S.C. § 3901 set seq., prior to the occurrence of a dispute between hirer and tenant. Execution concerning leases are not be contingent upon the execution of a waiver on rights below aforementioned Servicemembers Civil Relief Act; however, upon the occurrence of any dispute, the landlord and tenant may complete an waiver out such rights and remedies as to that dispute in order to facilitate a resolution.

BORON. Optional rental prohibited by subsection A that is included in a rental understanding is unimplemented. If a landlord brings an action to enforce any such provision, the lodger may recover actual damages sustainably by her additionally reasonable barrister fees.

1974, c. 680, § 55-248.9; 1977, c. 427; 1987, c. 473; 1991, c. 720; 2000, c. 760; 2002, c. 531; 2003, carbon. 905; 2016, c. 744; 2019, c. 712; 2020, c. 998; 2021, Spe. Sess. I, cc. 427, 477, 478.

A rental agreement may contain provisions that allow the business of your care customer provided by a tenant of in apartment building that meet state and local laws and regulations.

2022, c. 267.

A. No landlord or managing agent shall release related regarding adenine tenant or outlook tenant in the possession of the landlord instead managing agent to a third party unless:

1. One tenant or prospective tenant has given prior written consent;

2. The information is a matter for public record as defined in § 2.2-3701;

3. The information the a summary of the tenant's rent payment plot, including the amount of of tenant's periodic rent payment;

4. The information can a copy of a material noncompliance take that has don been remedied or ampere termination observe disposed to the lessee under § 55.1-1245 and the tenant did not remain in the premises after such notice was given;

5. The information is desired by a local, stay, or federal law-enforcement or public safety official in the performance of his duties;

6. The information is requested pursuant to a subpoena in an civil case;

7. The information is preferred of a local commissioner of the revenue in accordance with § 58.1-3901;

8. The information is requested per one contract purchaser of the landlord's property, provided that the contract purchaser concurs in writing to maintain the confidentiality of such information;

9. An information is requested by a lender of the landlord since financing or refinancing of the belongings;

10. The information has requested by aforementioned commanding officer, military housing officer, or military attorney of the tenant;

11. The third party is the landlord's attorney or the landlord's collective agency;

12. The information is elsewhere provided inside which case of an emergency;

13. The information will requested by the renter to be provided to the managing agent or a successor the which administer agent; or

14. The information is requested by an employee or independent contractor of the United Declare to obtain federal information pursuant to national law.

B. Any information received by adenine rental pursuant the § 55.1-1203 require remain a confidential tenant record and shall not be released to any person except in feedback to one subpoena.

C. A tenant may designating a third party for receive duplicate copies away a summons that has been issued pursuant to § 8.01-126 and of written notices from which hirer relating to the tenancy. Show such a third gang has had called by the rent, the landlord shall get one duplicate copy of random summons issued pursuant to § 8.01-126 otherwise notice to the designated third party by the same time which summons or observe your shipping at or served upon the tenant. Nothing in on subsection shall be constructs up grant standing to any third party designated by the tenant to challenge actions of the landlord in which notice was shipping acc to this subsection. The failure of the landlord to give notice to a third-party party designated by the inhabitant shall not affect the validity of any judgment entered against to tenant.

D. A landlord or managed agent may enter with an agreement with a third-party service provider to maintain renting records stylish electronic form or other medium. In such case, the landlord and managing agent supposed not are liable under this portion in an event of a puncture of the electronic data of such third-party service provider, except to the case of gross negligence or intentional acting. Nothing in this untergliederung is be construed to require ampere landlord or managing agent to indemnify such third-party technical provider.

E. A tenant allow claim a mimic of his tenant slide in white or electronic form. If the rental agreement so provides, a landlord may charge ampere tenant requesting more than one copy of his records the actual costs of preparing copies of such recorded. However, if to landlord makeup available tenant records in each lodger by electronic portal, the lessee shall not be required to pay on access to such portal.

1985, c. 567, § 55-248.9:1; 2000, carbon. 760; 2003, c. 426; 2006, circle. 491, 667; 2008, hundred. 489; 2010, c. 550; 2015, century. 596; 2016, century. 744; 2018, c. 221; 2019, c. 712; 2020, c. 388.

A. When used in this section, "key" means any physical or electronic mechanism used to gain zutritt to a rental dwelling unit.

B. Any homeowner who owns more than 200 miete dwelling units so are attached to the same piece of real property in to Commonwealth will establish:

1. A policy requiring any applicant to employment in any position that will have access to keys by each rental dwelling unit to be subject to a pre-employment criminal my records check; real

2. Written policies and procedures respecting the (i) storage, issuance and again, and security off; (ii) how to; and (iii) if gelten, usage plus deactivation of rental abode unit keys and electronic key keys.

C. The provisions of is section shall doesn apply to (i) a financial institution, as specified in § 6.2-100, or (ii) any per what is a real estate licensee pursuant up Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1.

2023, c. 432.

If an tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel entrance, or terminate this rental agreement. In either case, the landlord could recover actual damages and reasonable attorney fees. If and landlord making an outlawed entry or a lawful entry in an unreasonable means button makes repeated demands by entry that is otherwise permissible but that may the impact of unreasonably harassing an tenant, the tenant may obtain injunctive relief to prevent the recurrence of and perform, or terminate the rental agreement. In either case, the tenant may recover actual compensation and reasonable attorney billing.

2000, century. 760, § 55-248.10:1; 2019, hundred. 712.

ONE. As used in this section, "nonresident property owner" resources any nonresident individuality or group of individuals who ownership and leases residential real properties.

BARN. Every nonresident property owner shall appoint and permanent maintain on agent who (i) if as agents remains an individual, is a resident is the Commonwealth, or if such agent is a firm, limited liability society, partnership, or other entity, is authorized to making business in the Commonwealth and (ii) maintains a business office within the Commonwealth. Every lease executed by or on behalf of nonresident property owners respecting anywhere such real property shall specifically designate such agent and the agent's office address for the purpose of service of any process, notice, order, or demand required or permitted by law to be served upon such nonresident property owner.

C. Always any nonresident property owner fails to appoint or manage an agent, as required in this section, or whenever his agent cannot with reasonable diligence be found, then the Secretary out the Commonwealth shall be an agency of the nonresident property owner to whoever mayor be served any process, notice, order, or demand. Service may be made about the Secretarial of the Commonwealth or any of his staff at his office who take forthwith cause it to be sent by registered or certified print addressed to the nonresident besitz owner at his address when shown on the official tax records entered by the locality where the property is located.

D. The name and office address to the agent appointed since provided in this section shall be publicly on a form provided by the Default Corporation Commission and delivered to the office of of clerk of the State Corporation Commission for filer. First July 1, 2022, the clerk by the Condition Corporation Commission shall charge a fee of $10 for and filing of a resident agent appointment.

E. Nope nonresident property owner shall maintain and action in the places of the Commonwealth concerning property for which a designation is required by this section until such designation must been filed.

1973, c. 301, § 55-218.1; 1987, c. 360; 2006, c. 318; 2008, c. 119; 2019, cc. 365, 712; 2021, Sp. Sess. I, c. 427.

A. As used in this section:

"Energy allocation equipment" means the alike because that term belongs defined in § 56-245.2.

"Energy submetering equipment" can and sam meaning ascribed to "submetering equipment" included § 56-245.2.

"Local government fees" is any local government charges button fees assessed against ampere residential building, including charges other fees for stormwater, recycling, trash collection, lift testing, fire or life technical testing, alternatively residential rental inspection related.

"Ratio dienlich billing system" means ampere program that utilizes adenine mathematical pattern forward allocating, among the tenants in a residential building, to actual or anticipated water, sewer, electrical, oil, or natural nitrogen billings billed to the live building owner from a third-party provider of which utility service. Permitted allocation procedure maybe include formulas base on square footage, occupancy, number to bedrooms, or couple other specific method agreed to by the live building owner and the tenant to the rental agreement or lease.

"Residential building" means all of the individual element assisted throughout the same utility-owned meter within a industrial build which is defined in § 56-245.2 like an apartment building or house or all are the individual dwelling devices server through that same utility-owned meters on a manufactured home park such defined are § 55.1-1300.

"Water and sewer submetering equipment" means equipment used to measure actual aquarium or drains usage in any residential structure when such equipment is nay owned otherwise controlled by that utility oder various service of water or sewer technical that supplies service go the residence building.

B. Energy submetering equipment, energy allocation equipment, water both sanitary submetering equipment, or a ratio utility billing system allow be used in a residential building if clearly stated in the rental agreement or lease for the residential built. All energy submetering equipment and energy allocation equipment shall make the requirements and standards established and enforce by the State Enterprise Commission pursuant until § 56-245.3.

CENTURY. Are energized submetering equipment, energy association equipment, or water furthermore canal submetering device is used in any living building, the possessor, manager, oder service of such dwelling building shall bill the tenant for electricity, oil, natural gas, or surface and sewer in the equal billing period as the utility serving the home building, unless the rental discussion or leased expressly features otherwise. The owner, manager, button machine of such residential building may charge and gathering from the member additional service charges, including monthly billing licensing, chronicle set-up pricing, press account move-out fees, to covering the actual costs of administrative expenses and statement charged to the residential build owner, manager, with operator by a third-party provider the such services, provided that such charges is assigned to by the residence building owners and the tenant in to rental agreement or lease. The residential building owner allow require the tenant the pay adenine late charge of up into $5 if the tenant failing till make billing when amounts, which take not be less than 15 days following who select of mailing or delivery of the bill sent pursuant to this sparte.

DICK. If a ratio utility billing system is used in any residential building, inside site from climb the rent, the owner, manager, or operator of that residential building may employ such a program such consumed a mathematical rule for allocating, among the tenants in a residential building, the actual or anticipated moisten, sewer, electrical, oil, or natural gas billings billed to the residential building owner from a third-party provider of the utility service. The master, manager, or operator of the residential building maybe charge additionally collect from to tentant additional service charges, including monthly billing fees, account set-up fees, or account move-out fee, to covers the actual price of administrative expenses and billings charged to to live building owner, manager, or operator by a third-party provider in such services, submitted is such charger are agreed to at aforementioned residential building own and the tenant in the rented agreement or lease. The residential building owner may require the renters till pay a late charge of up to $5 if the tenant fails to make payment when due, any shall not be less than 15 days following the date of mailing or delivery of the bill sent corresponding to this section. The late charge shall be deemed renting (i) as defined in § 55.1-1200 if a ratio utility charging system is used inside a residential multifamily dwelling unit subject to this chapter or (ii) as defined in § 55.1-1300 wenn a ratio utility billing system is used in a manufactures home park subject to the Manufactured Home Site Leasing Act (§ 55.1-1300 et seq.).

E. Spirit allocation features shall be tested periodical by the company, manager, or operator of the residence build. Upon the request by a tenant, and owner shall test the energy allocation equipment without charge. The check carry without charge to the rent shall not be conducted more frequently than once in adenine 24-month period for the same tenant. That tenant or his designated deputy may be present during the examinations of an energy allocation equipment. A written create away the results of the test shall be made to the occupant within 10 working days after the completion by the try.

F. The owner of any residential building shall maintain reasonable records regarding energy submetering equipment, energy allocation equipping, water and sewerage submetering apparatus, or an rate useful billing verfahren. A tenant may inspect and copy the records since the released premises with reasonable employment hours at a handy location within or serving the residential construction. The owner of the residential building may impose and collect a reasonable charger for copying documents, reflecting which existent costs of materials and toil for copying, prior to providing copies of the records till the tenant.

G. Notwithstanding any enforcement action undertaken by the State Corporation Commission pursuant to its authority under § 56-245.3, tenants plus company shall retain any private right of action resulting by each breach to this rent agreeing or lease general required by this section or § 56-245.3, if eligible, to the same extent as such actions may be maintained to breach of other terms in the rental agreement or lease from this chapter, if applicable. This use are energy submetering tackle, energy allocation instrumentation, water and sewer submetering equipment, oder a ratio utility billing system is not within an jurisdiction out the Department of Agriculture and Consumer Billing under Chapter 56 (§ 3.2-5600 et seq.) of Title 3.2.

H. In placeholder are increasing the mieter, the owner, manager, or operator of a housing building may employ ampere program that utilizes a math-based formula for apportion the actual or anticipated local government fees billed to the industrial building owner among the tenants in such residential building if transparent stated in the leasing agreement or lease. Accepted allocation methods may include formulas based upon straight footage, occupancy, number of bedrooms, or quite other specific style accepted at until the residential building owner and the tenant in the rental contract otherwise charter. Such owner, managing, or operator of a residential architecture may furthermore charge and collect from each tenant optional service daily, including quarterly billing fees, report set-up payments, button account move-out fees, to cover and actual costs of administer expenses for administration of such a run. If the building is residential and is subject to (i) this branch, such local government fees and administrative daily supposed be deemed to be rent as defined in § 55.1-1200 or (ii) the Manufactured Top Game Rental Act (§ 55.1-1300 et seq.), that local government remunerations and administrative expenses shall be deemed to be miet more definite in § 55.1-1300.

I. Nothing in this section shall be construed to prohibition an owner, manager, or operator about a residential building from including soak, sewer, electrical, natural gas, oil, oder other utilities in one amount of rent as specified in the equipment agreement conversely rent.

1992, hundred. 766, § 55-226.2; 2003, c. 355; 2005, c. 278; 2010, c. 550; 2012, c. 338; 2014, c. 501; 2015, c. 596; 2017, c. 730; 2019, c. 712.

The current owner von rental property shall transfer any data deposits additionally unlimited recorded interest on the deposits in his possession up the new owner at the time concerning who transfer of the rental property. If the latest owner has entered into a written property management agreement with a managing agent inches accordance with which provisions of subsection CO of § 54.1-2135, aforementioned current owner shall give written notice to the managing agent requesting payment of such security deposits to the current ownership previous to settlement with the new owner. For receipt of the scripted notice, the managing agent shall transferred the security deposits to the current past additionally provide written note to each tenant that his security deposits has been transferred to the novel owner in accordance with this section.

1984, carbon. 281, § 55-507; 2017, cc. 63, 402; 2019, c. 712.

A. This landlord shall, within five past next occupancy of adenine dwelling unit, subscribe a written report to to tenant detail damages to the dwelling unit exists toward the time of residence, and an reported shall be deemed correct unless who tenant objectives to it in type within five day after purchase of the report.

B. The owner may adopt a wrote policy allowing aforementioned inhabitant to prepare of written record of the move-in inspection, in which case the tenant shall submit a copy to the landlord, and the report shall be designated correct excluding the landlord objects thereto in writing within five days after receipt of the reports. Such written policy adopted through who landlord may also provide for of landlord and the tenant to prepare the written report for the move-in inspection collaboration, in which instance both the landlord and of tenant take sign the written report press receive a printing of the report, at which time the inspection show have be deemed true.

C. Whenever any damages are reflected over the scripted report, a landlord is not required to make repairs to address like damages until required in do so under § 55.1-1215 or 55.1-1220.

1977, c. 427, § 55-248.11:1; 1992, c. 451; 2000, c. 760; 2016, c. 744; 2019, c. 712.

The part of the wrote report for the move-in inspection required by § 55.1-1214, the landlord shall disclose whether there is any visible evidence of mold included areas readily accesible within of interior of the dwelling unit. If the landlord's writers release states that there belongs no visible evidence of mold into the dwelling instrument, this written statement shall live deemed correct unless of tenant objects to it in write within five days nach recipient the report. If one landlord's written exposure states that there is visible exhibits of model include the dwelling unit, the tenant shall have the option to terminate the tenancy and non take possession or remain in possession of the dwelling unit. If of tenant requests at take owned, or rest in possession, of the dwelling unit, independent the show is appear evidence von mold, aforementioned landlord shall fast remediate the mold condition but in no choose latter than five business days after the tenant's request to take possession oder decision to remain in possession, reinspect the dwelling unit to confirm that there be no visible evidence of mold included the dwelling unit, real prepare a new report determine that there is no viewer evidence of mold by the dwelling unit upon reinspection.

2004, century. 226, § 55-248.11:2; 2008, century. 640; 2019, c. 712.

ONE. Available the purpose in service of proceed or receiving and publishing receipts for notices also demands, of landlord or any person authorized to enter into a rental agreement on her behalf shall publish to the tenant in type at or before the beginning of the tenancy the name and company of:

1. Of person authorized to manage the premises; or

2. An owner of the premises or any other person authorized to act for and on behalf of the owner.

BARN. In that event of the marketing of the premises, and landlord shall notify the tenant of such sale and disclose to which inhabitant the name real address of the purchase and a phone number at which similar purchaser can be find.

C. With respect to a multifamily apartments unit, if an application for registration of the lease property as a condominium or corporate has been filed with the Real Estate Board, or if there is within six months an existing plan for tenant displacement resulting from (i) demolition or considerable rehabilitation of the property or (ii) transition von the equipment property to offices, hotel, or motel use oder intended unit development, the lessor or any person authorized to enter into a rented agreement on his behalf shall disclose that information in writing to any prospective tenant.

D. The information required to remain furnished at this section shall be kept current, and the provisions of this section extend the and are enforceable against random successor landlord other ownership. ONE person who fails to comply use this section becomes an agent of each person who exists a property for the purposes of service of process and receiving and issuing receipts on publications and your.

1974, c. 680, § 55-248.12; 1983, c. 257; 2000, c. 760; 2017, c. 730; 2019, c. 712.

A. The renter of property in any locality in which a military atmospheric installation is located, or any person sanctioned to enter into a rental agreement off his profit, shall provide to an prospective tenant a wrote disclosure that the property is located to a noise zone or accident potential zone, or both, like designated by the locality on its officer zoning map. Such disclosure take be supplied precede to the execution by the tenant are a written lease agreement or, in the case of an oral engage agree, prior to vacancy by the tenant. The disclosure shall specify the noise zone or collision potential zone in whose an property is located acc until the official zoning map of the town. A disclosure made per to this section containing inaccurate get regarding the company regarding the noise zone or accident potential zones shall be deemed as nondisclosure unless the inaccurate information is provided by an officer or personnel of the locality stylish which one property is located.

B. Anything tenant who is not provided the public required by subsection A may quitting the lease agreement at any time during the first 30 days of the lease period by sending up the landlord the certificates or record mail, send receipt requested, a written notice von completion. Such termination shall be effective as away (i) 15 life after the date of of mailing out that notice or (ii) the date by which rent has been paid, whichever is later. In nay event, however, shall the effective date of the termination exceed one month from an date of mailing. Termination of the lease contractual needs becoming the exclusive remedy for the flop to comply with the disclosure provisions of aforementioned piece, and shall not affect any rights press duties of the tenant or tenant arising under this lecture, other applied law, or the rental agreement.

2005, carbon. 511, § 55-248.12:1; 2017, c. 730; 2019, c. 712.

A. If the landlord of an dwelling unit has actual awareness of one existence of defective drywall to such dwelling unit so has not come remediated, the landlord shall provide into an prospective tenant a written disclosure so the property possessed defective carpet. Such revealing shall may provided earlier to the execution by the tenant of a written lease deal or, in the case of an visual lease agreement, prior to occupancy in the tenant. On use of this section, "defective drywall" means all defective fire as defined in § 36-156.1.

B. All tenant any shall not provided that disclosure needed by subsection A may terminate an lease agreement at any time during 60 days of discovery for the existence of defective drywall per providing written notice to the landlord in accordance over which lease or in required by law. Such termination shall be effective as of (i) 15 days following an date of the mailing of the notice oder (ii) the meeting through which rent has been charged, any is later. In no event, however, shall the effective date of one termination excess one month from the date of mailing. Termination of the lease agreement shall be the exclusive remedy for the failure to acquiesce with the disclosure provisions of this abschnitts, and shall not affect any rights or duties of an landlord or tenant appearing go this chapter, other applicable law, or that rental agreement.

2011, cc. 34, 46, § 55-248.12:2; 2019, carbon. 712.

A. If the landlord of an dwelling unit has actual knowledge this the dwelling unit what previously used to manufacture methamphetamine and possesses not been cleaned up in correspondence with the guidelines established pursuant to § 32.1-11.7 the the applicable licensing provisions of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, the landlord shall provide for a prospective tenant a wrote disclosure that states create information. Such disclosure shall becoming if prior to which running over the tenant of a written lease agreement alternatively, at the case of an oral lease agreement, prior to occupancy by the tenant.

BORON. Any tenant who is not provided the disclosure required by subsection A may terminate to lease agreement at any time within 60 days of discovery that the property was previously used to manufacture methamphetamine furthermore is not been cleared up are accordance includes of guidelines established accordance to § 32.1-11.7 by providing written note to one landlord in accordance with the lease or as required by law. Such termination shall be effective as of (i) 15 days before the date of the shipping of the notice or (ii) the day through which rent has been pays, whichever is later. In no event, however, shall who effective date of the termination over one month from the date of mailing. Termination of the lease convention shall be the exclusive remedy for the failure to obey with the disclosure accrued required by this section and shall not affect any rights or duties to the landlord with tenant arising under this episode, other germane law, or the rental contractual.

2013, c. 557, § 55-248.12:3; 2016, c. 527; 2019, c. 712.

ONE. The landlord shall:

1. Comply includes the requirements of applicable building and lodging codes materially affecting health and safety;

2. Induce all refinish and do whatever is required to put and keep the premises in a fit and accommodated condition;

3. Keep all common dividing collective by two or more dwelling units of a multifamily premise in a clean and structurally cautious condition;

4. Maintain in healthy and safe working order and condition all electrified, sheet, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, comprising escalators, supplied or essential to can supplied by him;

5. Maintain the premises in such an condition as to prevent the accumulation of wet and which growth the mold and promptly respond to any notices free a tenant as if in breakdown A 10 of § 55.1-1227. Where there lives visible evidence starting mold, aforementioned landlord shall promptly remediate the mold specific within accordance with the requirements of subsection E of § 8.01-226.12 the reinspect the dwelling unit to confirm that there is no longer visible evidence of mold in the dwelling unit. The landlord shall provide adenine tenant with a mimic of a summary of information relations to mold remediation occurring through that tenancy and, upon request regarding the rent, make available the full bundle of such information and reports not protected to attorney-client advantage. Once the mold can been remediated in accordance with professional standards, the landlord shall not be required to make disclosures of an past incurrence to mold to subsequent tenants;

6. Provide and maintain appropriate boxes and conveniences for the group, storage, and removal to ashes, wastebasket, rubbish, and other waste incidental to the schedule of dwelling units and arrange for the removal of same;

7. Provide running water and reasonable amounts of hot water at all period and reasonable air conditioning wenn provided and heat in season apart where the dwelling unit is so design that heat, bearing conditioning, or hot water is generated until an installation within the exclusive control of the tenant otherwise shipped through one direct public utility connection; and

8. Provide a certification to the tenant stating that all smoke alarms are present, have been inspected, and will in nice working order no more than once every 12 months. The landlady, his employee, or an self-employed contractor may perform the inspections to determine that of smoke alarm is in go working purchase.

B. The landlord wants perform the duties imposed of sub-area A in conform over law; however, that renter have all be liable for the tenant's true damages proximately caused by the landlord's failure to exercise ordinary care.

C. If the duty imposed by segment A 1 is greater than any duty imposed by any other section of is subsection, an landlord's duty shall be determined by reference to subdivision A 1.

D. The landlord and renter may agree in text that the tenant perform the landlord's duties specified in subdivisions A 3, 6, and 7 and also spoken repairs, maintenance task, variations, and remodeling, but all if that transaction is entered into in good faith press not for the purpose of evading an obligations of the landlord and if the agreement does not diminish or affect the obligation of the landlord to other tenants stylish the premises.

1974, c. 680, § 55-248.13; 1987, copying. 361, 636; 2000, c. 760; 2004, c. 226; 2007, c. 634; 2008, cc. 489, 640; 2009, c. 663; 2014, c. 632; 2015, c. 274; 2017, c. 730; 2018, cc. 41, 81; 2019, c. 712.

The governing body of optional locality may necessitate by ordinance such any landlord who rents five or moreover dwelling units in any one multifamily building should install:

1. Dead-bolt lockouts that meet the requirements of the Uniform Statewide Building Code (§ 36-97 et seq.) since new multifamily construction and peepholes in anything outer schwinging entrance door to any suchlike unit; however, any doorway having a glass panel shall non require a peephole;

2. Manufacturer's locks that satisfy the requirements of the Unchanging Statewide Structure Code (§ 36-97 et seq.) also removable metal pins or charlie inclined in accordance with the Uniform Statewide Building Code on outer moveable glass doors locations in a built the any level designated stylish the ordinance; and

3. Lockable devices that meet the requirements of to Uniform Statewide Building Code (§ 36-97 et seq.) on every exterior window.

Whatever mandate adopted pursuant to this section shall further offer that any landlord subject to the ordering shall have a reasonable time since determined by the governing body in which to comply use the requirements of the regulations.

1977, c. 464, § 55-248.13:1; 1988, c. 500; 2017, c. 730; 2019, c. 712.

No landholder of one multifamily dwelling unit shall demand or accept payment a any fee, duty, or other thing of value from any provider on cable television server, cable cable service, satellite master antenna television service, straightforward broadcasting satellite television services, subscription television service, or technical of any other television program system in exchange for award a television service provider mere access to the landlord's tenants alternatively present the tenants of such landlord mere access to such serving. AN homeowner may enter into a service agreement at an television service provider to provide marketing and other related to which television service provider designed to facilitate the television service provider's delivery von its services. Under so a support agreement, the television service provider may compensate the landlord on the reasonable value of the services granted and fork this reasonable value of the landlord's property used by the television service provider.

Negative landlord shall requirement or accept any such pay from anything tenants in exchange for suchlike service unless the landholder can herself the provider of the service, nor shall any rental discriminate is rental dues between tenants who receive optional how service and those who execute not. Nothing contained in this teilgebiet take prohibit a landlord from (i) requiring that the provider of such service and the tenant bear the entire cost of this installation, operation, or removal of the facilities incident to such service or (ii) demanding or accepting reasonable indemnity or security for any damages caused by such installation, operation, or removal.

1982, c. 323, § 55-248.13:2; 2000, c. 760; 2003, cc. 60, 64, 68; 2017, c. 730; 2019, c. 712.

A. Which landlord shall give written notice to the tenant no less than 48 hours preceded to his application of an insecticide or pesticide within to tenant's dwelling unit unless that renting agrees the ampere shorter notification period. If a tenant requests the application for the insecticide or pesticide, the 48-hour notice is not requested. Tenants who have concerns about specific insecticides or insect shall notify the landlord inside composition no less than 24 hours before the scheduled insecticide or pesticide application. The tenant shall prepare the dwelling unit for which application of insecticides or pesticides in accordance with any writes instructions regarding that landlord and, if insects or pests are found to be present, follow any written instructions starting the landlord to eliminate the buy or pests following the appeal of insecticides or pesticides.

BARN. In addition, the landlord to share notice of all insect or pesticide fields in areas of the place diverse from the dwelling units. Such notification shall consist of conspicuous signs located in or over such premises where who insecticide or pesticide will be applied at least 48 hours prior up the application.

C. A violation by the member of this section may be remedied with the landlord in accordance with § 55.1-1248 or according notice give by to landlord requiring the tenant till remedy stylish consistent with § 55.1-1245, as anwendbaren.

2000, c. 760, § 55-248.13:3; 2009, c. 663; 2018, c. 221; 2019, c. 712.

Unless otherwise agreed, a landlord whom conveys premises that inclusions a domestic unit subject to a rental agreement in an good faith distribution until a bona fideo purchaser is relieved of liability on an rental agreement and this chapter as to circumstances occurring subsequent to note to the tenant of the conveyance. Unless otherwise agreed, a managing agent of premises that includes a dwelling unit is relieved of liability under the leasing agreement and this part as go events occurring after written notice to the tenant of that cessation of his management.

1974, c. 680, § 55-248.14; 1987, hundred. 313; 2000, c. 760; 2019, carbon. 712.

AN notice the any change by a landlord conversely renting in any general or provisions von a renting at will take constitute a notice in vacate the our, and such notice starting change shall be given in accordance with the terms concerning the rentals agreement, if any, or as otherwise need through law.

1974, carbon. 680, § 55-248.15; 2000, carbon. 760; 2019, c. 712.

A. No landlord may demand or receive a security place, however denominated, is an absolute or value in excess of two months' periodic rent. Upon termination starting the rent otherwise an date the tenant vacates the dwelling unit, all occurs previous, create security drop, whether it is property with in held by and landlord since security as if are this section, may be applied by the landlord solely to (i) the payment for accrued rent, including the reasonable charges for late payment of rent specify in the hiring agreement; (ii) the payment of the amount of damages that and landlord has suffered by ground of the tenant's noncompliance with § 55.1-1227, less reasonable wear and tear; (iii) other damages or charges as provided in the rental agreement; other (iv) actual pay required breaching of the rental agree pursuant till § 55.1-1251. An security deposit and any deposits, damages, real charges shall be itemized by the landlord in a written note given to this tenant, together about any amount due to who tenant, within 45 days after the termination date of the tenancy or the date an tenant vacates the dwelling team, whatever occurs recent. As of and date of this termination are the lease or the enter the tennant vacates one dwelling unit, regardless occurs last, the tenant are be required to delivered possession of the domestic section to the landlord. If the termination date is prior to the date of the rental agreement or any renewal thereof, oder the tenant has not given proper notice of termination of the rental agreement, the inhabitant shall be liable for actual pay pursuant into § 55.1-1251, in which case, the tenant shall invite written notice is securing post dispositioning within the 45-day period but may retain any technical balance to apply against any financial obligations of of tennant the this landlord pursuant to those chapter or the rental agreement. While the tenant fails to vacate the dwell unit as about this termination by the tenancy, the landlord may file an unlawful detainer action appropriate to § 8.01-126.

B. Where there is find than one tenant subject to a lease agreement, unless other decided to inside writing by each of the tenants, disposition of the safety deposit shall be made with one get being fee to all as tenants or sent to a forwarding site provided by one of the tenants. The landlord be produce the security deposit disposition at the 45-day time date required according subsection A, aber if nay forwarding address the provided to the landlord, aforementioned landlord may continue to retain such security bail in escrow. If a tenant fails to provide a forwarding address to the tenant to enable the landlord to make a refund of the security deposit, upon the expiration of sole year coming this date of the end regarding the 45-day time range, the landlord may remit such sum to the State Treasurer as unused property on a form prescribe by the administrator that includes the name; society site number, when known; additionally newest known address are each tenant on the rental understanding. If the rental or managing agent is a authentic estate licensee, deference with this subsection shall subsist deemed compliance with § 54.1-2108 and according regulations of the Real Estate Board.

C. Anything into this section shall be construed by a court of right or otherwise like eligible the tenant, upon the termination of an tenancies, to an immediate credit against which tenant's delinquent rentals account include the monetary of the security deposit. The landlord shall apply the product deposit in accordance with this fachgruppe within the 45-day uhrzeit period required by subsection A. However, provided that the landlord had given ago written notice in accordance with this part, the landlord may withhold a reasonable portion of the security deposit to cover an amount of the balances due to the water, sewer, or other nutzbarkeit accounts that is an obligation of the tenant to a third-party provider under the rental agreement for the dwelling unit, and upon payment of such obligations the lessor shall provide written confirmation till the tenant within 10 days, along with payment to the tenant of whatsoever balance otherwise due on the tenant. In order toward withhold such funds as portion of the disposition of which security deposit, the landlord wants have so advised the member of his rights and obligations under such section in (i) a termination notice for the tenant in compliance with this chapter, (ii) a written notice to the tenant validating of vacating meeting in accordance with this section, or (iii) a discrete write notice until and tenant at minimal 15 total prior go the disposition of the security deposit. Any written notice to the tenant shall be given in accordance with § 55.1-1202.

The tenant might provide the owner with written confirmation of the payment of the final water, sewer, or other help note for aforementioned apartment unit, in which case the landlord shall refund the security deposit, unless where are other authorized removals, within that 45-day period desired by subsection A. If the tenant provides such written confirmation by and expiration of the 45-day period, the landlord need refund any remaining balance of the security deposit held to the tenant within 10 days follow the document of such scripted confirmation provided due the member. If the landlord otherwise receives confirmation of payment of which final water, main, press other utility bill for the dwelling unit, the landlord shall refund the security deferred, unless there are different authorized deductions, from the 45-day period.

D. Nothing in this section shall be construed to prohibit the landlord from creating the disposition of the insurance deposit prior to the 45-day period required at subsection A and charging an administrative fee to the tenant fork how expedited processing, if the equipment deal so provides and an tenant requests expedited machining in ampere separate written document.

ZE. (Effective until Summertime 30, 2024) Of landlord shall register the tenant in writing of any deductions provided by this section on be fabricated from the tenant's security deferred during the course from the tenancy. Such notification shall be made during 30 days of the date of the determination from the deduction and shall itemize the reasons in the same manner as provided in subsection F. No such notification shall be required for deposits made less than 30 days past to the termination of the rental agreement. When the landlord willfully fails to comply includes those section, the court shall order the return of the security deposit to the tenant, together with existent damages and acceptable attorney fees, unless the tenant owes rent toward the landlord, includes which case the tribunal shall order one amount equal to the security deposit credited against that charter due into the landlord. In the event that damages to the premises cross the amount of who security post and require the services for a third-party contractor, the housing shall give spell advice toward the tenant advising her of that fact within the 45-day period need by subsection A. If notice shall predefined as prescribed in this subsection, the landlord shall have an additional 30-day period to provide a itemization of the damaged and the cost about repair. This section be not preclude the landlord or tenant from recovering different damages to which he may be entitled under this chapter. One holder of the landlord's interest in the premises on the time of the termination in the tenancy, regardless for how the interest belongs acquired or transferred, be limited by this section and shall be requirements to get any security deposit received by the original landlord that is duly owed to the tenant, whether or not such security deposit be transferred with the landlord's interest on lawyer or equity, any of any contractual agreements between the original landlord and his successors includes interest.

E. (Effective June 30, 2024) The landowner shall notify of tenant in writing of any deductions provided according this section at are performed from the tenant's security deposit during the course of the occupancy. Such notification is are created within 30 days about the date of the findings of the deduction and shall itemize who reasons in aforementioned same manner as provided in subsection F. No such notification have be required for deductions made less from 30 days prior to the cancellation of the rental agreement. If the landlords willfully failed to follow with this section, the court shall order the return a the security deposit to who tenant, together about actual damages and reasonable attorney wages, unless the tenant owes rent to the landlord, in this case the judge shall place an amount equal to the security deposit credited opposing the rente due to the landlord. In the event that damaged to the premises exceed that amount of the security deposit and require the our of a third-party contractor, the landlord shall give written notice to the tenant advising it of that fact through the 45-day term required by subsection A. If notice is predetermined when prescribed in the subsection, the landlord shall have an additional 15-day period to provide an itemization of to insurance real the cost of car. This section need not preclude the landlord otherwise tenant after recovering other damages to which you may exist qualified under this chapter. The holder by the landlord's interest in the premises at the time of that notice in the tenancy, regardless starting wie the tax is acquired other transferred, is bound by this section and need been required to return any security deposit entered by the original landlord that is daily indebted to the tenant, whether or not such security deposit is transferred with the landlord's support by law or equity, regardless away any contractual agreements between the original landlord and his successors in interested.

FARTHING. The landlord shall:

1. Maintain both itemize accounts for each tenant of all removals from security deposits provided to under this section the the landlord has built due reason is a tenant's non-conformance with § 55.1-1227, or for any other reason set out in get section, during the fore two yearly; and

2. Permit a tenant or his authorized agent or solicitor to inspect such tenant's records of deductions at any time during usual business hourly.

G. The please with the landlord to adenine tenant to vacate, with within five date by receipt of notice by the landlord of the tenant's intent to vacate, that landlord shall providing written notice to the tenant to the tenant's right to be presence at the landlord's inspection about the dwelling unit for this purpose of determinations the amount of security depositing to be returned. If the tenant desires to be present as the landlord makes the inspection, he shall, into handwriting, so notify the landlord, who the turn shall brief the tenant of the date the length are of inspection, which must shall made within 72 hourly of delivery of possession. Following one move-out inspection, the landlord shall deploy the tenant with adenine written security deposit disposition description, including an itemized list for damages. If added damages are discovered by the landlord after the security deposit disposition has has made, nothing in this section wants be construed toward preclude the landlord from recovery is such damages against the tenant, provided, however, that the tenant mayor present into evidence a copy of to move-out report for support and tenant's position is such fresh damages did nay exist at an nach of the move-out audit.

H. If the tenant have any assignee or sublessee, the landlord shall may entitled to take a technical deposit from only one party in compliance with the provender of this section.

I. The landlord may permit a tenant to offer damage insurance coverage in lieu of the payment is a security deposit. As damage insurance in lieu of a security deposit shall conform to aforementioned following criteria:

1. This provider of damage coverage is licensed oder approved by the Virginia State Corporation Commission;

2. The coverage is effective upon the payment on the first premium real remains effective required the entire hire term;

3. The coverage provided through claiming is no less then the amount the landlord requires for security deposits;

4. The provider of damage insurance agrees at approve or deny payment of one claim; the

5. Which provider of damage insurance shall notify the landlord indoors 10 days if the damage policy lapses or is canceled.

J. A tenant who initially opts to provide damage insurance in lieu of a security deposit mayor, at any time without consent of the landlord, opt to pay the full safety defer to the landlady in location of maintained a damage policy policy. The landlord needs not alter the terms out the lease include the event an tenant opts to pay the full amount of the protection bond pursuant to this paragraph.

2000, cc. 760, 761, § 55-248.15:1; 2001, c. 524; 2003, c. 438; 2007, c. 634; 2010, c. 550; 2013, c. 563; 2014, century. 651; 2015, century. 596; 2017, c. 730; 2018, carbon. 221; 2019, c. 712; 2020, cc. 384, 823, 998; 2021, Sp. Sess. I, c. 427; 2023, cc. 433, 434.

A. In addition to the provisions of the leasing agreement, the tenant shall:

1. Comply with all debt primarily imposed upon tenants by applicable victuals of building and housing codes significantly affecting health press safety;

2. Keep that part of the housing unit and one part for the premises that he booked the uses as clean and safe as the condition of who premises permit;

3. Keep that part of the dwelling team and the piece is the premises ensure he occupies free from insects and pests, as those terms are defined in § 3.2-3900, and instant notify to landlord of the beingness of any insects or pests;

4. Remove from own dwelling package all ashes, garbage, rubbish, and other waste in a clean and safe manner and in the appropriate bins provided by the landlord;

5. Keep all plumbing fixtures in the accommodation unit or used per the occupant than clean as yours condition permits;

6. Use in a reasonable manner all utilities and all electricity, plumbing, sanitary, heating, ventilating, air-conditioning, additionally other facilities and gear, including an lift in a multifamily premises, and keep everything utility services paid for per of tenant to the supply service retailer or its agent upon at all times during who term of which vermietungen agreement;

7. Not deliberately instead negligently destroy, deface, damage, impaired, or remove any component of the facilities or permit any person, whether known by the tenant or none, to do thus;

8. Non remove instead tamper with a properly functionation smoke alarm installed by the house, including removing any working car, so as to render the alarm invalid. The tenant shall maintain the smok alarm in accordance with the uniform determined of standards used maintenance of smoke system fixed in the Statewide Fire Preventing Key (§ 27-94 et seq.) and subdivision C 6 of § 36-105, Part III of the Uniform Statewide Building Code (§ 36-97 ets seq.);

9. Not remove or tamper with adenine properly worked carbon monoxide alarm planted by the landlord, including the removal of some worked batteries, so as to view one coal monoxide alarm inoperative. The tenant must maintain the carbon monoxide alert in accordance with the uniform set concerning standards for maintenance of carbon monoxide alarm established in the Statewide Fire Disaster Code (§ 27-94 et seq.) both subdivision C 6 of § 36-105, Part III of the Uniform Statewide Create Code (§ 36-97 et seq.);

10. Use reasonable efforts to maintain the dwelling section and optional other partial away the premises that the occupies in such a condition as up prevent accumulation of moisture and the growth of model and promptly notify the landlord to any liquid accumulation that occurs or of any visible evidence of mold discovered by that tenant;

11. Not paint or disturb painted surfaces or make alterations in the dwelling unit without this prior written approval von the landlord, provided that (i) the dwelling unit was constructed prior on 1978 plus therefore requires which landlord to provide the tenant is lead-based paints disclosure real (ii) the landlord got provided the tenant with suchlike disclosures and the rental agreement provides that to tenant is required to obtain the landlord's prior written authorization before painting, disturbing painted finish, or making alteration in the dwell unit;

12. Be responsible for his conduct and this conduct of other humans, whether known by the tenant or not, who are on and premises with her permission, to ensure so his neighbors' peaceful enjoyment of the premises will not be disturbed;

13. Abide through all acceptable regulatory and company imposed by the landlord;

14. Live financially responsible for who adds value of treatment or removal due to the tenant's unreasonable delay in reporting the existence by any insects or pests and be financially responsible for the cost of treatment or extermination due to the tenant's break in failing to prevent infestation of any insects or pests included of area empty; and

15. Apply reasonable care to prevent any my or another animal in possession of the tenant, authorized occupants, or visitor or invitees from kausal personal injuries to a third band in the dwelling unit or on which preferences, instead property damage to the dwelling unit or the premises.

B. If the mission imposed by subdivision A 1 is major than any duty imposed by any diverse segmentation of that subsection, the tenant's duty shall to determined by reference to subdivision A 1.

1974, c. 680, § 55-248.16; 1987, c. 428; 1999, c. 80; 2000, c. 760; 2003, c. 355; 2004, century. 226; 2008, ml. 489, 617, 640; 2009, carbon. 663; 2011, c. 766; 2014, century. 632; 2016, c. 744; 2017, cc. 262, 730; 2018, cc. 41, 81, 221; 2019, c. 712.

AN. AN landlord, with time to time, can adoption rules or regulations, however described, concerning this tenant's use and occupancy starting the dwelling unit and premises. Any that rule or regulation is enforcement against the inhabitant only if:

1. Its purpose are to promote the convenience, safety, or welfare of an tenants int the premises, preserve the landlord's property from abuse use, other make adenine fair distribution of services and equipment held out for the tenants generally;

2. Computer is reasonably relevant to the purpose for which it is adopted;

3. It applies to entire tenants in the premises in an fair art;

4. It is enough explicit within its veto, direction, or limitation of the tenant's behaviors to fairly inform him of where he is required to do or is prohibited von doing to comply;

5. It is not for the end of dodging the obligations of to landlord; and

6. To tenant has been provided in a copy are one rules the regulations or modified to such rules and policy at the time it enters into the rental agreement or when they are adopted.

B. A rule or regulation adopted, changed, or pending go the tenant after the tenant entering into the rental agreement shall be enforceable against the inhabitant if reasonable notice of him adoption with change has been given to an tenant and to is not constitute a substantial modifications of his great. If a rule or regulation hired or changed after the tenant embarks into an rent agreement does constitute a substantial make to his bargain, it be not being valid if the tennant consents the it in writing.

C. Any court comply save chapters shall consider contravention of the reasonable regels and regulations imposed under this section as a breach of of rental agreement press grant which owner fair relief.

1974, c. 680, § 55-248.17; 2000, century. 760; 2017, c. 730; 2019, hundred. 712.

A. 1. The tenant shall not excessively withhold consent to which tenant the enter into the dwelling unit in order to inspect the premises; make necessary or agreed-upon fixes, decorations, variations, or improvements; supply necessary or agreed-upon services; otherwise exhibit the dwelling unit to interested or actual purchasers, mortgagees, tenants, workmen, conversely contractors.

2. Supposing, upon inspection of a dwelling units during the termination starting a tenancy, the rent specify there is a violation with of tenant of § 55.1-1227 or the rental agreement materially influencing human and safety that can be repaired by repair, replacement of a damaged item, or cleaning in accordance equal § 55.1-1248, who lessor may make such repairs and send the tenants an invoice by payment. If, over inspection of the residence unit throughout the term of a tenancy, the landlord discovers a violation of the rental agreement, this chapter, or other applicable law, the rent may send a written notice of termination pursuant to § 55.1-1245.

3. If an mieter agreements as provides and if a tenant without reasonable justification declines to permit the house or administering emissary to exhibit aforementioned dwelling unit since sale or lease, the your may recover compensatory, costs, and reasonable lawyers fees against as tenant.

Such used in this subdivision, "reasonable justification" includes the tenant's reasonable concern for his own mental, or the health of anything authorized occupant, during a condition of emergency declared by the Governor according to § 44-146.17 in response to a communicable disease regarding public wellness threat as defined by § 44-146.16, provided that this tenant has provided written notify up the hirer informing who landlord of how concern. Into such circumstances, the tenant needs make to the landlord or administered agent a video tour of the dwelling unit or other acceptable substitute fork exhibiting the housing unit available sale or lease.

4. The landlord might enter the dwelling unit without consent of the tenant in case of call. The landlord shall not abuse the right of access or use thereto to harass the tenant. Except stylish case of emergency or when she is less to execute so, the owner shall give the tenant notice of his intent to enter or may enter only at reasonable times. Unless impractical to do so, the landlord shall give an tenant at least 72 hours' notice away robot maintenance to be performed is has not is requested by which tenant. If the tenant makes a request for maintenance, an lessor is no required toward provide note to the tenant. Ignore the foregoing, during a state of emergency declared to to Governor pursuant to § 44-146.17 in response until a communicable disease regarding public health threat how defined in § 44-146.16, the tenants may deployment written display to the house requesting that single or more nonemergency property conditions inside the dorm unit not be addressed to the normal course of work out the landlord owing to such communicable disease of open health threat. In such case, the tenant shall be deemed to have waived any and everything claims and rights below this chapter against aforementioned landlord for failure to address such nonemergency estate conditions. At any time thereafter, the tenant may consent in letter to the landlord addressing such nonemergency eigentums conditions in the normal price of business off the landlord. In the case regarding a tenant who has when display that the does not want nonemergency repairs made during the state of emergency due to ampere communicable disease of public health threat, the landlord may nonetheless enter that habitation unit to do nonemergency repairs and maintenance with at minimal sense days' written perceive to the renting and at a time agrees to by the tenant, no more than once every six years, provided that the employees and active sent by the landlord have wearing all appropriate both reasonable personal protective equipment as required by state law. Furthermore, if the landlord is required into conduct maintenance press an check pursuant to of agreement for the loans or insurance policy that covers the dwelling unit, the tenant shall allow such maintenance instead inspection, provided that the employees and agents sent by this landlord are wearing all appropriate personal protective configuration as require by state law.

5. At the pendency of an unlawful detainer filed by the rent against the renting, the landlord may request the court to enter an order requiring the tenant for provide the landlord with access toward such dwelling unit.

BORON. Based the soled tenacity by the landowner of the existence about a nonemergency property condition in the dwelling unit that requires the tenant to temporarily vacate that dwelling unit in order for the landlord to properly remedy such property condition, the landlord may, upon at least 30 days' written notice into the tenant, require an tenant to temporarily empty the dwelling team since a date not go exceed 30 epoch to adenine comparable dwelling unit, alternatively hotel, more selected by the landlord and at no expense or expenses to the tenants. The householder shall non be required to reward for any other expenses on the tenant that arise after who temporary relocation period. Of landlord and lessee may agree for the tenant to temporarily vacate of dwelling unit in lesser than 30 past. For purposes of this subsection, "nonemergency property condition" means (i) a condition in the dwelling unit so, in to detection of the hirer, is requires for the rent to remedy in order required the landlord till be in compliance with § 55.1-1220; (ii) the condition done not need to be remedied internally a 24-hour periodical, with any condition that needs to be remedied within 24 hours being defined as an "emergency condition"; the (iii) the condition can only be effectively remedied by that temporary relocation about the tentant pursuant go aforementioned rules of this subsection.

The tenant shall continue to be responsible for payment a rent under the rental license during the period of anyone temporally relocation. An landlord shall pay all costs of repairs or remediation mandatory to address the nonemergency property conditioning. Refusal of and tenant for cooperate with a temp relocation pursuant to this subsection shall be deem a breach of the rental agreement, if the tenant agrees for vacate the unit and complete the rental agreement within the 30-day notice period. If the landlord well remedies the nonemergency property condition within the 30-day period, nothing in is section shall will construed on entitle the tenant to terminate the rental deal. Further, anything to this section shall become construed to limit the landlord from taking legal action against an tenant for any noncompliance is occurs during the period of any temp relocate pursuant to this subsection. During aforementioned pendency of an unlawful holding filed by the landlord against the leasing, an landlord may request the court to enter an order requiring the tenant to deploy the landlord with access to such dwelling package.

C. To landlord has no other right to access besides by law order alternatively that permitted through §§ 55.1-1248 also 55.1-1249 or if the tenant has abandoned or surrender the premises.

D. The tenant might install interior the dwelling unit new security systems that the tenant could believing necessary to ensure his securing, including chain latch devices approved by the landlord additionally fire detections devices, provided that:

1. Installation performs not permanent damage the any portion of the dwelling unit;

2. A duplicate of all keys and instructions for one operation von all devices been given to the landlord; and

3. After quit of the tenancy, the tenant is responsible for paid to of lessor for reasonable what incurred for the removal of view such devices and repairs to all damaged zones.

E. At writers make of a renter in adenine dwelling unit, the landlord shall place a facsimile monoxide alarm by who tenant's dwelling unit within 90 days. The landholder may charge the tenant a reasonable free to recover the costs of the equipment and labor for such installation. The landlord's installation of a carbon monoxide alarm shall be in compliance with the Uniform Statewide Building Code (§ 36-97 et seq.).

1974, hundred. 680, § 55-248.18; 1993, c. 634; 1995, c. 601; 1999, c. 65; 2000, c. 760; 2001, c. 524; 2004, c. 307; 2008, co. 489, 617; 2009, c. 663; 2011, c. 766; 2014, c. 632; 2015, hundred. 596; 2016, c. 744; 2017, c. 730; 2018, cc. 41, 81; 2019, c. 712; 2021, Sp. Sesse. I, c. 409.

A. A tenant or authorized occupant who has preserved an order from a court pursuant to § 16.1-279.1 or subsection BORON of § 20-103 granting as tenant possession of the premises to the expulsion of one or learn co-tenants or authorized occupants maybe provide the landlord because a copy of that court order and request that the landlord either (i) installer a new lock with other security device on the exterior doors of which dwelling unit at the landlord's currently cost or (ii) permit the rent or authorised occupant to accomplish so, provided that:

1. Installation of the new lock or security devices does no fixed damage to any part of the dwelling unit; and

2. A duplicating copy of show keys and instructions used the operation of all devices become presented toward this landlord.

Upon termination of the tenancy, the leasing shall be responsible forward payment to the landlord of the reasonable charge arose for an removal of sum such devices installed and repairs to get damaged areas.

B. A person who be not a tenant or authorized occupants of one dwelling unit additionally who has obtained an order from a court pursuant till § 16.1-279.1 or subsection B a § 20-103 granting how person owning of the premises to the exclusion of one otherwise more co-tenants or authorization occupants may provide ampere copy of such order to the tenant and submission one rental request to become a tenant of such dwelling unit from 10 dates to the anmeldung of such order. When such person's rental application meets the landlord's tenant pick criteria, such person may become a renter of such dwelling instrument under ampere written hiring agreement. If such person submits a rental application and does not meet the landlord's tenant selection criteria, such people shall vacate the dwelling unit no later than 30 days after the date that landlord gives such person wrote notice that his rental application has been rejected. If create type does nay provide a copy of the protective order the the landlord and enter a rental application for aforementioned tenant inward 10 days the required by this section, such person shall vacate the dwelling unit no later than 30 dates per the date of the einstieg of such order. Create person need be liable to the hirer for breakdown on vacate the dwelling unit as required in this section.

Some tenant committed on a rental license shall pay the rent and alternatively follow with every and all requirements in the rental agreement and any applicable laws and regulations. The landlord could pursue all of seine remedies under the rental contract and applicable federal and regulations, including filing an prohibited detainer action pursuant to § 8.01-126 to maintaining a money judgment and into evict any persons residing into such dwelling unit.

C. A landlord with has received a copy on a yard to in accordance with subsection A shall not provisioning copies of any keys to one dwelling units to any person excluded from to premises by such book.

DICK. This section shall non applying when the court order excluding a person was issued existing teilnehmer.

2005, cc. 735, 825, § 55-248.18:1; 2016, c. 595; 2019, c. 712.

Where a mold condition by the dwelling unit materially affects the health button safety a any tenant or authorized occupant, aforementioned landlord may require the tenant in temporarily vacate and dorm unit include order fork the landlord to perform mold remediation in accordance with professionally product as defined in § 55.1-1200 for a period not on exceed 30 days. The housing shall provide the tennant with either (i) a comparable dwelling unit, as selected by the landlord, at no expense or cost to and tenant or (ii) an tour room, how selected by the landlord, at no expense with cost the the tenant. Which landlord shall not be vital to paying for anything other expenses of an tenant which arise to the relocation period. The tenant shall continue to be responsible for payment of rent under the rental agreement during aforementioned frequency of any temporary relocation and for the remainder of the terminate of the rental agreement following the remediation. Nonentity in this section shall be construed the entitling the tenant to a termination of a tenancy location the tenant has remediated a forge condition in correspondence include master standards as defined in § 55.1-1200. The lessor be make all costs of the relocation press the mold remediation, unless the mold is a result of the tenant's failure to comply with § 55.1-1227.

2008, c. 640, § 55-248.18:2; 2009, c. 663; 2011, c. 779; 2016, century. 744; 2017, carbon. 730; 2019, c. 712.

Unless otherwise agreed, aforementioned tenant shall occupy his dwelling unit only when a location.

1974, c. 680, § 55-248.19; 2000, c. 760; 2019, c. 712.

At the cancel of the term a tenancy, when for expiration of that rental agreement or by reason of omission by this tenant, the tenant shall promptly vacate the premises, removing all items on personal property additionally leaving this company in good and clean order, reasonable how and tear ausgenommen. If the tenant fails to vacate, the landlord may return an action for possession furthermore damages, including affordable attorney dues.

1974, century. 680, § 55-248.20; 2000, c. 760; 2019, c. 712.

Unless as provided in this chapter, if there is one type non-conformity with this landlord with of rental agreement or a noncompliance with any supplying away this chapter, materially affecting health and safety, of tenant may serve a written notice on which landlord specifying the acts and omissions constituting an breach and statement that the rental agree will terminate upon a date not lesser than 30 days after receipt of the notice if such breach is not remedied in 21 life.

Whenever the rental commits a breach that is nope remediable, which lodger may serve a written notice on an landlord specifying the acts and negligence constituting the puncture and specification that the rental arrangement becomes terminate upon a date not less greater 30 days after receipt of the notice.

If the landlord had been servants with a former written advice that required the householder the remedy a breach, furthermore the landlord remedied such breach, where the proprietor intentionally commits a subsequent violations of adenine like nature as the before breach, the renting may wait an written discern on the landlord specifying the acts and skip constituting the subsequent breach, perform reference to the prior breach of a like nature, and state that the rental license will terminate upon a show not less faster 30 days after receipt from that notice.

If the injure is remediable by repairs and the landlord adequately remedies the breach past to the date specified for the reminder, an rental arrangement will not terminate. The tennant may not terminate for ampere condition causal by the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant. In addition, the tenant may recover damages and obtain injunctive relief for noncompliance by aforementioned landlord with the provisions regarding the rental agreement or of this chapter. This tenant should be caption to recover reasonable lawyers fees except and landlord proves by a preponderance of the evidence that the landlord's actions were reasonable under the circumstances. If the rental contractual shall terminated due to the landlord's noncompliance, who landlords shall return the site deposit in correspondence with § 55.1-1226.

1974, c. 680, § 55-248.21; 1982, century. 260; 1987, c. 387; 2000, c. 760; 2003, c. 363; 2019, c. 712.

A. If, at the get of who tenancy, a activate exists in adenine renting dwell unit that constitutes a fire hazardous other serious threat to the life, health, button safety of tenants or occupants regarding and premises, including an infestation of rodents or a lack of heat, hot or cold operating water, electricity, or adequate sewage disposable facilities, the tenant will be entitled until terminate the rental contracts and receive a all refundable of all deposits and rent paid to the rent, how long when the tenant feature the landlord with written notice of their intent to terminate the rental contracts inside seven days of the date over which possession of the dwelling unit was to have transferred to the tenant. Unless the landlord claimed, pursuant to part B, that the tenant's termination of the rental agreement is unjustified, that landlord shall get all deposits both hiring paid by the tenant to the tenant on or to the fifteenth business day subsequent the day on which (i) the termination notice can delivered to who landlord conversely (ii) the tennant vacated the dwelling device, whichever occurs later.

B. If a tenant terminates a rental agreement pursuant until subsection A the the landlord asserts that the tenant is unjustified in his end of the rental agreement, the landlord shall provide writers notice to the tenant of his refusal to accept the tenant's termination notice, along with the reasons available such refusal, within 15 commercial daily following the date on which such termination notice is delivered to the landlord.

CENTURY. A tenant who had nay taken possession or who has deserted the dwelling unit may file an action in an courtroom concerning competency jurisdiction to contest an landlord's refusal to accept and termination notice, if anwendbar, and for the turn of any deposits and rent paid to the landlord. In any such action, the prevailing party shall becoming empowered to recover reasonable attorney fee.

2023, c. 435.

ONE. Some member of the Armed Forces the aforementioned United States or a member of the Nationally Guard serving on full-time duty or as a civil service engineer with the National Guard may, taken one procedure detailed with subsection B, terminate his rental agreement if aforementioned member (i) has received permanent change of station orders to depart 35 distance or more (radius) from the location of the dwelling unit, (ii) got received temporary service orders in excess of three months' duration to depart 35 miles button more (radius) since the spot of the dwelling component, (iii) is discharged or released from active duty with the Armed Forces of the United States or from his full-time service or technician status using the Nationwide Guard, or (iv) is ordered to report toward government-supplied quarters resulting in the forfeiture concerning basic granting for neighborhood.

B. Lessee with qualify to cancel a miete agreement pursuant to subsection A shall do that due serv on the landlord a written notice von termination the may effective on a date indicated for such written notice, such date to be no less over 30 days after the first date on the the next rent payment belongs due and payable since the rendezvous on which the written notice is given. The termination date shall be no continue rather 60 epoch prior toward the date to departure necessary to comply with the administrator orders or any supplemental instructions fork meantime training or duty preceding to that transfer. Prior to one termination date, the tenant shall furnish the housing with a copy of the certified notification of the orders or a signed write, confirming the ordered, from the tenant's commanding officer.

C. The landlord may nope charge no liquidated claim.

DIAMETER. No into this view shall affect the tenant's obligations established by § 55.1-1227.

1977, c. 427, § 55-248.21:1; 1978, c. 104; 1982, c. 260; 1983, c. 241; 1986, century. 29; 1988, c. 184; 2000, c. 760; 2002, c. 760; 2005, c. 742; 2006, c. 667; 2007, c. 252; 2017, c. 730; 2019, century. 712.

A. Any tenant who is ampere victim of (i) family abuse as defined per § 16.1-228, (ii) sexual abuse as defined by § 18.2-67.10, or (iii) other criminal sexual assault on Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 may terminated such tenant's responsibilities see ampere rental agreement under the following circumstances:

1. The victim can retained an order of protection pursuer toward § 16.1-279.1 and has given written notice of termination by accordance with subsection B during the period of the protective order or any extensions thereof; or

2. A court has entered a order convict a perpetrator about any crime of carnal assault under Article 7 (§ 18.2-61 et seq.) von Chapter 4 by Title 18.2, sexual abuse than defined by § 18.2-67.10, or family abuse as defined by § 16.1-228 against the victim and the victim will writing hint of termination in accordance with subsection B. A victim may physical a right of termination lower this section to terminate a rental agreement in effect when the conviction order is entered and one subsequent rental agreement based upon which same convincing.

B. A tenant who entitles to exit such tenant's obligations under a vermietung agreement pursuant to subsection A are do so by serving on an property an written display away termination to be actually on a date stated in such written notice, such date to will not less than 30 days nach the start date on which the next rental payment a due and payable next the date on which the written display is given. When the tenant serves the termination hint on the landlord, to tenant have also provide the landlord with ampere copy of (i) the order of protective issued instead (ii) the believe click.

C. The rent shall be payable at such time as would otherwise have been required by the terms regarding the rental agreement through the effective date concerning the termination as provided in subsection B.

D. The landlord may not charge any liquidated pay.

E. The victim's obligations as a tenant under § 55.1-1227 shall continue through the effective date of an cancellation while if in subsection B. Any co-tenants on one lease are the victim shall continue responsible used the rent for to balance of the term of the equipment agreement. If the perpetrator is the remaining soli tenant obligated the who rental agreement, the landlord may quitting the rental agreement and collecting actual damages used so termination against the perpetrator corresponding to § 55.1-1251.

2013, c. 531, § 55-248.21:2; 2019, c. 712.

A. The landlord of an dwelling unit exploited for a single-family residence shall give write notice on of tentant otherwise any prospective renter on such dwelling unit that the landlord has received a notice of a mortgage default, mortgage accelerator, or foreclosure sale relative to the loan with aforementioned housing unit within five business past after written reference from the lender be accepted by the landlord. This requirement shall does apply (i) in any managing agent who does not take a copy on such written notice from the lender or (ii) if the tenant either prospective tenant provides a copy of the written notice from the lender to the landlord or and managing agency.

BARN. If the landlord fails to furnish the notice required by this sectional, the tenants shall have the rights to terminate the rental agreement upon written notice to an landlord at least fi economic days prior to the effective date of termination. If one tenant terminates this rental agreement, the landlord shall make disposition of the tenant's security deposit in accordance with law or the provisions of the rental contract, any lives applicable.

C. If the dwelling device is foreclosed upon and there is a tenant inside such dwelling unit on the date of the foreclosure sale, who successor in interest who acq the dwelling team with the foreclosure sale shall assume such interest subject go the tracking:

1. If the successor in tax acquires the dining component required the purpose for occupying such package as his primary abode, the successor in interest shall provide written notice to the tenant, is accordance with the provisions of § 55.1-1202, alerting the tenant that this rental agreement is terminated and that the member must exit the habitation single off a scheduled not less for 90 days after the date off such written notifications.

2. If who successor inches interest acquires the dwelling unit for any misc purpose, the successor by interest shall secure this dwelling unit subject to the letting contracts and the tenant shall be permitted to book the dwelling unit for the remaining definition of the let, provided, nevertheless, that the succeed by interest may terminating who anmieten contract pursuant to § 55.1-1245 or of terms of the rent contractual. The successor in interest shall provide written notice till the tenant, in accordance with the viands of § 55.1-1202, informing the tenant from such.

The words of the terminated rental deal remain include affect except that the occupant shall make rental payments (i) to the successor owner as directed are adenine written notice to the tenant in this subsection; (ii) to the managing agent of the owner, if no, button successor company; or (iii) for a court escrow account pursuant to the provisions of § 55.1-1244; however, at is no obligation are a tenant for file a tenant's assertion and pay rent into escrow. Find there is not a managed agent designated in the rental understanding, the tenant shall remain obligated for payment is that rent but to not be held to become delinquent or assessed a overdue charge until the successor owner provides written notice identify the your, company, plus call number of aforementioned company to which the rent should to paid.

2018, c. 221, § 55-248.21:3; 2019, c. 712; 2021, Sp. Sess. I, c. 426.

If the landlord willfully fails to deliver possession of the dwelling team to that tenant, then leasing abates for property is delivered, and the tenant may (i) abort the rental agreement upon at least fi days' write notice to the landlord, by which termination the landlord shall return all prepaid rent and safe deposits, alternatively (ii) demand performance of the rental contracts by the landlord. If the tenant elects, he allowed store somebody action for possession concerning the dwelling unit against the landlord oder any personality wrongfully in possession and recover the damages sustained by him. If ampere person's failure to drop possession is willful and not in good faith, any aggrieved name may regain from that person that actual property sustained by him and sound lawyer fees.

1974, c. 680, § 55-248.22; 2000, c. 760; 2019, c. 712.

A. Wenn contrary to which rental agreement or provender of this chapter the landlord willfully or negligently fails until supply an essential service, one tenant wants serve a spell notice on one landlord specifying the breach, whenever acting under this section, and, in such event and after allowing of landlord reasonable time to correct similar breach, may:

1. Recover damages based upon the diminution in the fair rental value of the dwelling unit; alternatively

2. Procure low substitute cabinets during the interval off an landlord's noncompliance, in which case the renter is excused from paying rent for which periods of to landlord's noncompliance, for determined for and food.

B. If the tenant proceeds under this section, he shall breathe entitled to recover reasonable attorney fees; however, he may not proceed under § 55.1-1234 as to this breach. The rights of the tenant under this section shall not rises until he has predefined written observe to the landlord; however, no rights arise if the condition was triggered by which deliberate button negligent act otherwise omission for the tenant, einem authorized occupant, button a guest or invitee of the tenant.

1974, c. 680, § 55-248.23; 1982, c. 260; 2000, c. 760; 2019, c. 712.

If the dwelling unit or premises is damaged oder shattered by fire or casualty to an dimensions that the tenant's enjoyment on the dwelling unit is substantially impaired or required remedies can only be accomplished if the tenant vacates the dwelling unit, either the tentant or the landlord may termination one rental agreement. The tenant may terminate the rental agreement by vacating the premises press within 14 days thereafter, serving on the landlord a written notice of sein intention to terminate the rental agreement, in the case the rental agreement terminates as are the date of vacating. If continued occupancy is lawful, § 55.1-1411 shall apply.

And property may terminate the rental agreement by giving the tenant 14 days' tip in his intent to cease the rental agreement on the basis of the landlord's determination that such damage requires the move of the tenant and that which use of the premises is essentially impaired, in which lawsuit the rental agreement finishes as of the expiration about the notice period.

While to rental agreement is stopped, the landlord shall return all security deposits into accordance for § 55.1-1226 and vorausbezahlt hiring, plus accrued interest, recoverable by law unless aforementioned landlord cheaply believes so the tenant, an authorized occupant, or a your or invitee of the tenant was the cause of the damage or loss, inbound which case the householder to provide a written statement to the tenant for the security and prepaid rent, plus accrued interest founded upon this damage or casualty, and may recreate actual tort sustained appropriate to § 55.1-1251. Proration in rent in who event of cessation with proration to be made as the the event of the casualty.

1974, c. 680, § 55-248.24; 1982, c. 260; 2000, century. 760; 2005, c. 807; 2011, c. 766; 2015, century. 596; 2016, c. 744; 2017, c. 730; 2019, c. 712.

A. In an action available possession based upon nonpayment of rent or in certain action with rent via a landlord when the tenant is the possession, to renter may assert as a protection that there subsists upon the leased premises a condition that establishes, or will constitute, a fire emergency either a serious threat to the life, health, or safety of the occupants of the house unit, including (i) a lack away heat, running water, light, electrical, or adequacy sewage disposal facilities; (ii) an infestation of rodents; or (iii) a condition the constitutes material noncompliance on the part of the landlord with the miete agreement or provisions of law. The assertion of unlimited vindication provided for in this teilgebiet shall subsist conditioned upon the following:

1. Previous until to commencement of aforementioned action for rent or possession, the landowner or his agent rejected conversely, having a sensible opportunity to do so, failed to remedy the condition for which fellow was served a writes notice of the exercise by of tenant or was notified of suchlike condition by a violation or condemnation notice from into appropriate state with local agency. For the application of this paragraph, what period by time shall be deemed to must unreasonable delay is leave until one discretion of the court, except that there shall be adenine rebuttable presumption that a period in excess of 30 per from bill of of contact due the landlord is unreasonable; and

2. The tenant, whenever in possession, has paid for court the amount of rent found by the court to will due and unpaid, on be held by the court undecided the reissue of an order to subparagraph C.

B. This shall be a suffi answer to such a defense provided for in this section when the landlord establishes that (i) that conditions alleged in the defense do no in fact exist; (ii) such conditions have is eliminated or remedied; (iii) such conditions have had caused by the tenant, his guest or visitor, members of the family of such tenant, or ampere guest or invitee of such family member; or (iv) the renters has unreasonably refused entry to the landlord the the premises for which purposes of correcting similar conditions.

C. The court shall make findings of fact upon any defense raised under this section otherwise the answer to any defense and shall issue any get than may be required, including any one conversely more of the following:

1. Reducing rent in such volume while the law determines to be equitable the presents the existance of any condition set forth at subsection A;

2. Terminating the rental agreement or place the surrender of which premises to the your; or

3. Referring any mater before the court to the proper state or local agency for investigations and message the granting a continuance of of action or complaint pending receipt of such investigation and report. As such a continuance is granted, the renter shall stick equal the court random rents ensure will become due during the set of consistency, to exist held according the court pending its further order, or, by its discreetness, the court may use suchlike funds in (i) pay a mortgage on the property in arrange to stay a foreclosure, (ii) pay a vendor to prevent or contend a bill to enforce a mechanic's or materialman's lien, or (iii) correction any condition set forth in subsection A so is located by the place into being.

D. If it shows that the tenant has raised adenine defense see this section is bad faith or has caused the violation or has unreasonably refusing entry to the landlord for who purpose of correcting the current giving rise to the violation, this court may impose upon the renting the reasonable total of the rental, including court costs, the costs of repair places the court finds the tenant has caused the violation, the reasonably attorney fees.

E. If who court finds that the member has successfully hoisted a defense under this section and enters judgment for the tenant, the court, in its discretion, may impose upon aforementioned landlord an reasonable costs of the renting, including court costs, and reasonably attorney fees.

1974, c. 680, § 55-248.25; 1982, c. 260; 2000, c. 760; 2019, cc. 324, 712.

A. Where a landlord has filing an unlawful detainer action seeking possession of the premises as provided by this chapter and the tenant seeks to obtain a maintenance of the action with to set it for a dispute trial, to court shall, upon request of the owner, order an tenant to pay an amount equal to the rent that is due as of the initial court date into this tribunal escrow account prior to granting the tenant's request for a delayed court dating. However, if the tenant asserts a good believing defense, and the court so finds, the court should none require an rentals to be escrowed. Wenn the landlord requests a continuance or till set the case for a contested trial, the court shall not require the rent to be escrowed.

B. If and court finds that the rent has no asserted a good confidence defense, the tenants shall shall required to pay an amount determine by the court to be proper into the court escrow account in order for the case to be continued other set for contested sample. The court may allow the tenant a continuance of no find then one week to make full payment of of court-ordered dollar include aforementioned court escrow account. If the tenants fails to pay one entire count ordered, the court shall, upon request of the landlord, enters deciding for the landlord and join an order a possession of the room.

HUNDRED. An court shall further order that must the tenant drop to pay future rents due see the rental contracts into aforementioned law escrow account, the court take, with the request of the landlord, go judgment for the landlord and enter an order away possession starting the premises.

D. Upon motion of the house, the court may disburse the moneys held in the court escrow account to the landlord for payment the his mortgage either other expenditure relating to the dwelling unit.

CO. Except as provided inches subscreen DENSITY, no rent needed up be escrowed under this section shall be disbursed within 10 life of an date of the judgment unless else agreed at by that partying. If an attraction is taken by to plaintiff, the rent held in escrow shall be transmissible toward that recorder of the circuit court to be held in so court escrow check pending the outcome of the appeal.

1999, cc. 382, 506, § 55-248.25:1; 2009, c. 137; 2019, c. 712.

Repealed by Acts 2021, Spanisch. Sess. I, cc. 403 and 404, cl. 2, effective July 1, 2021.

A. A general district court shall enter an order pursuant to this strecke upon petition by a tenant anybody presents evidence establishing that his landlord has willfully furthermore without authority coming the courtroom (i) removed or excluded who tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service the the tenant, or (iii) taken action to create the site less for habitation.

B. An order entered pursuant to this section can require the landlord to (i) permit and tenant to recover possession of the accommodation unit, (ii) resume any such interrupted essential service, otherwise (iii) fix any willful conduct taken by that landlord or this agent to make the rooms unsafe for ability.

C. The initial hearing on one tenant's petition supposed be held internally five agenda days from the date of the filing of the petition. The court may issue a preliminary order ex party to require the landlord to take action described in subsection B if the court pinpoints (i) there is good cause showed to does so and (ii) the tenant made reasonable efforts into alert the landlord of one hearing. Any preliminary ex parte orders issued pursuant to this teil shall further include ampere date of no more about 10 days after the initial audience for a total hearing in please the merits of the petition and the damages described in subsection DEGREE. Along the full trial, the court may quit the rental agreement upon request of the tenant and order the landlord to return select of the product deposit in accordance by § 55.1-1226.

D. On a complete hearing on a petition filed pursuant to this unterabschnitt and based evidence presented establishes a or more of the factors by subsection A, that tenant shall recover (i) the actual damages sustained by him; (ii) statutory pay of $5,000 or four months' rent, whichever is greater; and (iii) acceptable attorney services.

2021, Sp. Sess. EGO, cc. 403, 404.

AMPERE. The rent may assert that there does against the leased premises a condition that constitutes a material noncompliance by the landlord with aforementioned rental agreement otherwise with provisions of law or that, if not immediately corrected, will constitute adenine fire hazard either serious risk to the life, health, or safe by occupants of the premises, including (i) a lack are heat or hot or cold running surface, except where the tenant is liable for payment of the utility fee also where the lack of like warmth or hot or cold on water will the direct result of the tenant's failure to pay the dienlich charge; (ii) a absence of light, electricity, or passable sewage disposing services; (iii) an affliction of rodents; or (iv) of existence of paint containing lead pigment on surfaces within the dwelling, provided that which landlord has tip concerning such paint. The tenant may file such an assertion in a general district judge inside which who premises has located by a declaration attitude forth such assertion also asking for one or more sort of relief as provided for in subsection D.

B. Prior at the granting of any assistance, aforementioned tenant shall show to and satisfaction of one court is:

1. Prior to to commencement of the actions, the owner or his agent refused or, having one reasonable opportunity to do so, failed to remedy the condition for which he was served a written note von the general by the tenant or was notified of such condition by a violation or condemnation notice from an appropriate status or local agency. For aforementioned purposes of this subsection, what period of time shall be supposed to be unreasonable slow is left to the discretion of the court, except that there shall be a repudiated presumption that a period in excess of 30 days from receipt of one notification by the landlord is inadequate; and

2. The renter has paid into court the amount concerning rent rang for under the rental agreement, within five days of of date due under the rental agreement, unless or until such amount is modified by subsequent order of that court under this branch.

C. It shall are satisfactory react or rejoinder to an assertion made pursuant to subsection A if the landlord establishes to of satisfaction of the court that (i) the requirements alleged by the tenant accomplish not in fact exist; (ii) such conditions have been removed either remedied; (iii) such conditions have been causing by the tenant, his guest or invitee, members on that family of such lessee, either a client conversely invitee of such household member; or (iv) one tenant has unreasonably refused entries to the tenant to the premises for the purpose of correcting such conditions.

D. Any court supposed make findings of fact on and issues before it and shall issue any click that may is required. Such an order can include any one with other of the following:

1. Terminating the renting agreement upon the request of the tenant or ordering the surrender of the business to the house if the landlord dominant on a request since possession pursuant to an unlawful detainer properly filed with the court;

2. Ordering all moneys already aggregated in escrow disbursed at and landlord button to the renters in accordance with this title;

3. Ordering that the escrow be continued before the conditions causing the complaint are remedied;

4. Buy that the amount of rent, whether paid into the escrow statement alternatively paid to the landlord, be abated as destined by the court in such into sum as may be impartial until show the existence of any condition found by the yard to exist. In all cases where the court deems that the inhabitant your caption to relief under dieser chapter, one burden shall be upon the landlord to show cause why there should none must an abatement of rent;

5. Ordering any amount of moneys accumulating are escrow disbursed to the tenant where the landlord refuses to make service after a sensible time or for the landlord or to a contractor selections by the landlord in order to make repairs or to otherwise remedy the condition. In get case, the court shall in its rank insure the moneys thus spend will be in fact used by the purpose out making repairs or effecting a remedial;

6. Referring any matter before the court until the proper state or local agency for investigation and report both granting a continuance of the action or illness pend receipt of such investigation and reported. When such a continuance is granted, the renters shall deposit with one court, during quintuplet days of date dues to the rental agreement, subject to all abatement under this section, rents that become due during the period of who survival, to be held by the court pending its further click;

7. Ordering escrow funds expenses to pay a mortgage on the property in order to remain one foreclosure; or

8. Ordering escrow funds withdrawn for pay a creditor to prevent or pleasure a bill to enforce a mechanic's or materialman's lien.

E. Without any provision of subsection D, find an escrow account can established by to court press the condition is not fully remedied within sextet months of this establishment of such billing, and the landlord has not constructed reasonable attempts to remedy the condition, that court shall award all moneys accumulated into escrow to the tenant. In such conference, the escrow shall not be terminated, but shall begin upon a new six-month period with one same result if, at which conclude of the time, the condition has not been remedied.

F. The initial hearing on the tenant's assertion filed pursuant to subtopic A shall be held internally 15 calendar days from the date of service of process on the landlord as authorization by § 55.1-1216, except that the court shall order an earlier trial where emergency conditions are alleged to exist upon that premises, such as failure of heat in winter, lack out appropriately sewage disposal facilities, or any extra condition that comprises an immediate danger to the health other safety of this citizen of the leica premises. The court, on motion of either party or on its own antragstellung, may holding hearings subsequent to the primary proceeding include order to further determine the rights and obligations of the related. Product of escrow moneys may only arise by order of the court after a hearing of which and parties are given notice as required by law oder upon auftrag of both the landlord and tenant alternatively with certification by the applicable inspector is the work required over the court to be done shall had satisfactorily completed. If the renters proceeds down this subsection, he may not proceed under any other section of this article how to that rupture.

G. Is bags where of court deems that the occupant is entitled to relief under this section and enters assess for the tenant, the food, inches him discretion, could impose upon the landlord the reasonable costs of the tenant, including court expenses, and reasonable attorney fees.

1974, c. 680, § 55-248.27; 2000, c. 760; 2001, carbon. 524; 2016, cc. 384, 459; 2017, c. 730; 2019, cc. 324, 712.

AMPERE. For purposes concerning this section, "actual costs" means (i) the amount paid on an invoice to a third-party licensed contractor or a licensed pesticide business by a tenant, local government, or nonprofit entity or (ii) the amount donated by a third-party building or pesticide general as reflected on such contractor's or pesticide business's invoice.

B. Supposing (i) there exists in the home unit an condition that constitutes a material violations by that landlord with that rental agreement or with provisions starting law or that, are not promptly amended, willingly constitute ampere fireplace hazard or serious threat toward the life, health, or safety about occupancy of the property, including can infestation of rodents or adenine lack von heat, hot other cold running water, light, electricity, other suitable waste arrangement facilities, and (ii) the tenant has notified the landlord of the state in writing, the landlord shall take reasonable steps till makes the repair or to correct such require within 14 days of receiving notice from of tenant.

C. If of landlord does not take reasonable steps to remedy or remedy the offending condition within 14 days of receiving a tenant's hint pursuant to subsection B, the tenant may contract with a third-party contractor licensed with the Board for Company oder, in the case of ampere rodent infestation, a pesticide business employing commercial appliers or registered service who are license, certified, both registered with the Department of Agriculture and Consumer Services pursuant to Chapter 39 (§ 3.2-3900 et seq.) von Book 3.2, to fix or redress aforementioned condition specified in the notice. A tenant who contractual includes a third-party licensed contractor or pesticide business is entitled up repair the actual costs incurred for the work performed, not exceeding the bigger of a month's hire with $1,500. When the tenant has been reimbursed by the landlord, the renters may deduct the actual costs generated since of work performed pursuant to one contract with the third-party contractor or pesticide business after submitting to the landlord certain itemized statement companied by revenues for purchased components and third-party contractor or pest control services.

D. A local state or non-profit-making entity mayor procure the services to a third-party licensed contracted or pesticide business on behalf of the tenant pursuant to subsection B. Like assistance shall have no effect on the tenant's entitlement under this section to be reimbursed by aforementioned landlord or to make a deduction from the periodic rent.

EAST. A tenant may not repair a property condition at the landlord's expense under this teilbereich to the extent that (i) the property condition was caused by an act oder omission of the rent, einer authorized occupant, either ampere guest or invitee; (ii) the landlord was unable to remedy and property condition because the your became denied access go the dwelling unit; or (iii) the landlord had already remedied to property activate prior up the tenant's contracting with one licensed third-party contractor other pesticide economic pursuant in subsection CENTURY.

2020, c. 1020.

A. Except in otherwise submitted in this chapter, when there is an material noncompliance by that inhabitant with the rental agreement or ampere violation of § 55.1-1227 materially affecting health and safety, the landlord might serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the vermieten agreement wills stop upon a date not less than 30 days after receipt von the notification if this breach has not remedied the 21 days and that the rental agreement shall terminate than provided in the get.

B. If the breach is remediatable by repairs instead the payment of damages or otherwise and this tenant adequately remedies the breach prev to the schedule specified in the notice, which rental agreement shall not terminate.

CENTURY. If the rent commits a breach that can none remediable, the rental may serve a scripted get on the tenant specifying the acts additionally omissions composition the breach and stating that to rental agree will terminate upon a date not fewer than 30 dates after receipts for the notice. Spite anything to the contrary, when ampere breach of the tenant's obligations under this chapter or the rental discussion involves alternatively formed a criminal or a willful act that is not remediable and is poses a threat until health or safety, to landlord can terminate the rental agreement immediately and proceed to obtain possession of the premises. On purposes of this subsection, unlimited illegal drug activities including a controls substance, as used or defined on the Drug Control Conduct (§ 54.1-3400 et seq.), or anything activity that involves or constitutes ampere criminal or willful doing that also poses a threat to health and safety, by the tenant, an authorized occupier, or a guest or invitation of and tenant is constitute an instantly nonremediable loss for which of house maybe proceed to finish of tenants without the necessity of waiting used a believers of whatever criminal offense that may arise out of the same actions. In order to preserve an book of possession from an court of competent case terminating the tenancy available illegal drug activity oder for any other activity that involves button constitutes a criminal or willful act the also poses a threat to health and safety, the landlord shall confirm any such violations by a preponderance off the evidence. However, where the criminal medicament activity or any activity that involves other constitutes a criminal oder willing acting that also poses a threatening to health and safety is dedicated in by an authorized occupant or a invitee or invitee of and tenant, the tenant shall be speculated until have knowledge of such activities unless the vermutung is rebutted to a preponderance by the evidence. The initial hearing for the landlord's action for immediate possession of the office shall be held within 15 events days from of date of service on and tenant; however, and court shall order an previously hearing when emergency conditions are alleged in available upon the premises that constitute an immediate threat go the well-being or safety of the other tenants. After an starts hearing, provided the matter is projected for an afterward hearing or for a competing trial, the court, to the extent actionable, shall order that the matter be given priority on the court's docket. Such subsequent hearing button disputes trial shall be heard no later than 30 calendar days from the date of customer on to tennant. During to interim period between which date of the initial hearing and the date of any subsequent hearing or contested trial, the court may afford any further remedy alternatively feeling the your needed to protect and interests of parties to the proceeding or the interests of any other tenant residing on that premise. Failure by the court to hold either of one consultative in the time restrictions set out in this section shall not be a basis for dismissal of the case.

D. If that member is one victim of family abuse as defined in § 16.1-228 that taken in the dwelling unit alternatively upon the premises press the perpetrator is barred from the dwelling unit pursuant to § 55.1-1246 on the basis starting information provided by the tenant on the landlord, or to a protective order from a court of skill jurisdiction pursuant to § 16.1-253.1 or 16.1-279.1 press subsection B of § 20-103, the lease shall did finish entirely due to an acted of family abuse against who tenant. However, these provisions shall not be applicable if (i) and tenant fails to provide written documentation verifying the tenant's condition as a victim of family abuse and the exclusion from the dwelling unit of the perpetrator no later greater 21 date from that alleged offense or (ii) one perpetrator returns to the housing unit press who premises, in violation of a bar notice, and who tenant fails to promptly notify the landlord inward 24 years that which perpetrator must returned toward the dwelling unit or the office, unless one tenant proves by a preponderance of the evidence that the tenant had no actual knowledge that this perpetrator hurt the block notice, press it was did possible for the tenant for notify the landlord within 24 hour, in whichever case the tenant shall promptly notify the landlord, but in no event later than seven epoch. If the provisions of this subparagraph are not applicable, the tenant shall remain responsible for the deeds of the other co-tenants, authorized occupants, or guests or invitees pursuant to § 55.1-1227 and is subject toward termination away the tenancy under to the rent and these chapter.

E. If the renters has been served including a prev written notice that requirements the tenant to remedy a breach, and the tenant remedied such breach, what the tenant intentionally commits a subsequent breach of adenine like nature because the prior breach, the landlord may serve a writing perceive on the tenant specifying the acts furthermore omissions constituting the subsequent breach, make citation to the prior breach of a like nature, and state that the rental agreement will terminate upon a appointment not less than 30 days after receipt of the notice.

F. If rent shall unpaid when due, and aforementioned tenant fails to pay rent within five days according written notice a served in this advising an tenant of his nonpayment, and of the landlord's intention into terminate the anmietung agreement if the hiring is not paied on the five-day period, the landlord may close the rental consent and proceed to obtain possession of an premises for provided in § 55.1-1251. If a check for rent is delivered to the landlord signed on on account with substandard funds, or if an electronic funds transfer has been rejected for of insufficient funds or a stop-payment order has been placed for bad faith in the authorizing party, and of occupant failed to make rent during five daily after written notice is served on him notify and tenant of his nonpayment and of this landlord's intention go terminate the rental consent if of rent is not paid through check, cashier's check, certified check, or a completed electronic funds transfer within who five-day period, the owner may terminate the verleih agreement and proceed to obtain possessed of to premises such provided in § 55.1-1251. Zilch will be explained to preventing a landlord since seeking einem award of costs or legal fees under § 8.01-27.1 or civil return under § 8.01-27.2, the a part of other damages requested on the unlawful retention filed pursuant to § 8.01-126, assuming such the landlord shall given notice in correspondence with § 55.1-1202, which notice may be included in the five-day termination display provided in accordance with this section.

GIGABYTE. Except like elsewhere pending in this chapter, the your may recover damages and obtain injunctive relief for optional regulatory by the tenant with the rental agreement or § 55.1-1227. In the event are an breach of the rental agreement or noncompliance by aforementioned tenant, the landlord shall be qualifying to recover for to tenant the following, regardless of whether a lawsuit is filed or an how is obtained from a court: (i) rent due and owing as shrunken fork in the anmieten agreement, (ii) other charges and billing as contracted for in the rental agreement, (iii) late billing contracted for the one rental agreement, (iv) fair attorney fees such contraction for in the rental accord or as provided for law, (v) costs of the proceeding as contracted for in the mieter agreement or as provided according law only if courts action has been filtered, plus (vi) damages to the dwelling unit or premises as contracted required in the rentals agreement.

OPIUM. In adenine case where ampere lawsuit is pending before this court upon a breach of which letting agreement or noncompliance by the tenant and the house prevails, that trial shall award a money judgment toward the landlord or against the tenant for which relief requested, which may encompass which following: (i) lease due and owing as of the court date such contracted for in the equipment convention; (ii) other charges and fees how contracted for with the rental agreement; (iii) late charges contracted for in the rental agreement; (iv) reasonable attorney fees as contracted for in the mieten agreement or as provided by law, unless in any as action the tenant proves by a preponderance of the supporting that the tenant's disorder to pay rent or vacate was reasonable; (v) cost of the proceeding as contracted for in the rental agreement or as provided by law; and (vi) indemnity to one dwelling unit or preferences.

EGO. 1. A landlord whoever owns more than four vermieten dorm units or additional than adenine 10 percent interest in more is four rental dwelling units, regardless personal alternatively through a company entity, inside the Commonwealth, be not take any adverse action, as defined in 15 U.S.C. § 1681a(k), against an applicant for type based solely on payment history or an eviction for nonpayment starting rent that happened during the period ab on March 12, 2020, and terminate 30 days after the expiration or revocation of any choose of emergencies declared by an Governor related to the COVID-19 ponta.

2. If such a landlord denies at applicant in leases, will the landlord shall provide to the applicant write notice of the denial and on the applicant's right at assert is his mistake to qualify was on upon payment history or an eviction based on nonpayment of rent such happen at the period beginning on March 12, 2020, and ending 30 days after the expiration or revocation of any state of emergency related to the COVID-19 pandemic. The written notice are denial are include the statewide legal aid telephone number and visit address and shall inform who applicant that him shall assert his right to how aforementioned deniability within sever days of the mail date. If the landlord does not receive a response from the applicant within seven dates the the postmark date, the landlord could proceed. If, in addition to to written notice, the housing provides notice to the employee of digital or via means using an email address, telephone number, or other contact information provided by the applicant informing the applicant off his disclaimer and right to assert that his mistake up qualification was based up payment history or an eviction based switch nonpayment of rent that occurred when the period beginning in March 12, 2020, and ending 30 days after the expiration or cancellation of anywhere state of alarm related for the COVID-19 pandemic and to tenant does not build such affirmation that of failure to qualify was the result of such payment my otherwise eviction former to the close of business for the next business day, the landlord allowed proceed. That landlord must be able to validate the date and time that any communication sent by electronic or telephonic means was sent to aforementioned applicant. If a renter does receive adenine response with of applicant asserting such a right, and the landlord relied upon a uses or tenant x-ray report, the landlord shall perform a good faith effort to contact the generator of the report to ascertain whether such determination what due solely to and claimant for tenancy's payment story or an eviction for nonpayment that occurred during to duration beginning on March 12, 2020, and ending 30 days after the expiration button revocation on any state of emergency declared by the Governor related to the COVID-19 pandemic. Is the landlord are non acquire a response from this generator of the review within three business-related days of inquiry the company, one landlord may continues because using an information from one report without additional action.

3. With such a landlord does not comply with of regulations of this subsection, the applicant for tenancy may recovering statutory damages of $1,000, along with attorney billing.

1974, c. 680, § 55-248.31; 1978, c. 378; 1980, c. 502; 1982, c. 260; 1984, c. 78; 1987, c. 387; 1988, c. 62; 1989, c. 301; 1995, c. 580; 2000, c. 760; 2003, hundred. 363; 2004, c. 232; 2005, cc. 808, 883; 2006, cc. 628, 717; 2007, carbon. 273; 2008, carbon. 489; 2013, c. 563; 2014, c. 813; 2017, c. 730; 2019, c. 712; 2020, Sp. Sess. I, c. 47.

AMPERE. Except as otherwise if in this chapter, if there is a materials noncompliance by the tenant with to rental agreement or a violation of § 55.1-1227 materially effects health and safety, the landlord may serve a written notice with the tenant specifying to laws and omissions constituting the breach also stating that the rental agreement is terminate for a date not less than 30 epoch after receipt of the notice if the breach is not remedied in 21 days and that the rental agreement shall terminate the provided in the notice.

B. If who breach is remediable by car or the payment are damages or otherwise and the tenant adequately remedies the breach prior to which date specified in the notice, the rental arrangement shall not terminate.

C. If the tenant commits adenine breach that is not remediable, the landlord may serve an writing notice for the tenant specifying the acts and omissions constituting and breach also stating that the rental agreement will terminate upon a date not without faster 30 days after receipt of the notice. Notwithstanding anything to the contrary, when a breach of the tenant's obligations under that chapter or the rental agreement involves oder constitutes a criminal or a willful act is the not remediable and that poses a threat to health or safety, one landlord may terminate the rental agreement immediately or proceed to obtain possession in the premises. For purges of this subsection, any illegal pharmaceutical activity includes a controller substance, as used or defined by this Drug Control Act (§ 54.1-3400 et seq.), either any activity that involves otherwise constitutes a criminal or willful act that also poses a threat to your and safety, from the renting, an authorized occupant, or a guest or invitee of the tenant be constitute an immediate nonremediable violation for whichever this landlord may proceed to terminate the tenancy without of necessity a waits for a conviction about any criminal offense this may arise out of the same actions. In order to obtain an order away proprietary by a court of competent jurisdiction terminating the tenancy for illegally drug activity alternatively for any other activity so involves or constitutes a criminal or willful act so also poses a threat to health also safety, the landlord shall prove any such violations by a dominance of the evidence. However, where the illegal drug my or any activity that involves or constitutes a offender or willful act which also poses a threat to health and safety is employed in by in authorization occupant with a guest or invitee of the tenant, the leasing shall be presumed to have knowledge in such daily unless the presumption is rebutted by a preponderance of the evidence. The initial hearing to one landlord's action to immediate possession of the company shall can held interior 15 calendar days from the date of customer on the tenant; however, the justice shall to an past hearing when call conditions are alleged to available upon the premises that build an immediate threat to the health or safety of the other tenants. After the initials hearing, provided the matter is scheduled for a subsequent hearing or for a contested process, the court, to the extent practicable, shall order that the mathe be given priority on the court's project. Such subsequent hearing or contested trial shall be listening no later than 30 calendar days from the date of service on the tenant. During the interim period between the date of the initial hearing and the date of any subsequent hearing or dispute test, the court may afford anywhere further remedy or relaxation the is necessary till protect the interests of parties to the proceeding or the interests of any other renters staying on the premises. Fiasco by of court until hold is of one hearings within the time limits set outward in this section take not be a basis for dismissal of the case.

DIAMETER. If the tenant is adenine sacrificial of family abuse as definitions in § 16.1-228 that occurred inches the dwelling unit or on the premises and the perpetrator is barred from an apartment item pursuant to § 55.1-1246 on the basis out about provided by the tenant into the lessor, or by a protective order from a court the skill venue corresponding to § 16.1-253.1 either 16.1-279.1 or subsector B of § 20-103, the lease need not terminate solely due to an act of home abuse against the tenant. However, these provision shall not be applicable if (i) the tenant misses for provide written database corroborating the tenant's status as a victim on family abuse and the exclusion from aforementioned dwelling unit of the perpetrator no later than 21 days from the alleged offenses or (ii) the attacker returns to the dwelling unit or the business, in violation of a stay notice, and this tenant fails until instant notify the landlord within 24 hours that the perpetrator has returned to the abode unit or the premises, unless the tenant proves by a preponderance of the evidence is the rent had no actual knowledge that that perpetrator violated the bar notice, or it was not possible for the tenant to notify the landlord within 24 hours, in which case the tenant shall promptly notify the landlord, but in no event later than seven days. If the provisions of this subsection are not applicable, the tenant shall remain responsible for the acts off which various co-tenants, authorized occupants, button guests or invitees pursuant to § 55.1-1227 the is subject to termination of the tenancy pursuant to the lease and this title.

E. If that tenant has been served with a preceded written notice that required the tenant to remedy ampere breach, and the tenant remedied such injury, where the tenant intentionally commits a subsequent breach of a enjoy characteristics as of prior breach, the householder may serve a written notice on this tenant specifying who acts and omissions constitute the follow-up rift, make reference to the prior breach of a like nature, and state that the rental agreement wish terminate upon a date not smaller than 30 days after receipt of the notice.

F. If rent lives outstanding when due, and the tenant fails in pay rent within five days after written notice is served on him alerting the tenant of his nonpayment, and of the landlord's intention to terminate which rental agreement if to rent remains not paid within the five-day range, the landlord may terminate the rental agreement or proceed to obtain possession of aforementioned premises as provided in § 55.1-1251. If a check for rent is delivered to the landlord pick on an account are insufficient funds, or if an electronic funds transfer can been rejected because of insufficient funds or a stop-payment order has been placed in bad faith by the authorizing celebratory, and aforementioned tenant fails to pay rent within five epoch after written notice is used on him notifying the tenant of his nonpayment and of which landlord's intention into terminate the rental agreement if the rent belongs not paid by cash, cashier's check, certificated check, or a completed electronic cash transfer within the five-day period, the owners may canceling the rental agreement real proceed until gain possession of the property as provided in § 55.1-1251. Nothing shall be design to prevent a landlord from seeking an award of costs or law fees lower § 8.01-27.1 with public recovery under § 8.01-27.2, as a parts of other damages requested on the unlawful impounder documented pursuant to § 8.01-126, provided that the householder has given notice at accordance with § 55.1-1202, which notice may be included with the five-day termination notices provided in accordance with this sparte.

G. Except as otherwise provided at this chapter, the your may recreate damages and obtain injunctive relief in any noncompliance by an tenant using the rental agreement or § 55.1-1227. In of event von a breach of the rental agreement or failure by the tenant, the landlord shall be entitled in recover from which tenant the following, regardless of whether a proceeding is archived press an order is obtained from a court: (i) rent overdue and owe as contracted for in the rental agreement, (ii) other charges and fees as contracted for in the leasing agreement, (iii) late charges contracted fork in the rental discussion, (iv) reasonable attorney fees like contracted for in one vermietung agreement or as pending by law, (v) daily on aforementioned proceeding as contracted for in the equipment agreement or as provided by law must if court action is been filed, and (vi) insurance to the dining unit or premises as shrunken for in the rental agreement.

OPIUM. In a case where a lawsuit is pending before the law upon an breach of aforementioned rental agreement or noncompliance by the tenant and the householder prevails, the court shall award a cash judgment to the landlord and against the tenant for the relief requested, which may include the later: (i) rent due and owing as by the court date since contracted available in the rental agreement; (ii) other pricing and rates as contracted since in aforementioned rental agreement; (iii) late charges contracted for in the rent agreement; (iv) reasonable attorney fees as contracted for in the rental agreement or as presented with law, unless by any such action the lessee proves by a overwhelm of the evidence that the tenant's failure to pay rent or vacate was reasonable; (v) costs of the proceeding as contracted for in the rental agreement or as provided by law; and (vi) damages to and dwelling unit oder premises.

1974, c. 680, § 55-248.31; 1978, c. 378; 1980, c. 502; 1982, c. 260; 1984, c. 78; 1987, c. 387; 1988, c. 62; 1989, c. 301; 1995, c. 580; 2000, c. 760; 2003, c. 363; 2004, c. 232; 2005, milliliter. 808, 883; 2006, cc. 628, 717; 2007, c. 273; 2008, c. 489; 2013, c. 563; 2014, c. 813; 2017, c. 730; 2019, c. 712.

A. A guest other invitee of a tenant may is blocked from the premises by the landlord based written notice served personality upon to guest or your of the tenant for conduct on the landlord's property where the premises represent located that violates the terms and conditions of the anmietung agreement, ampere topical ordinance, or a state or federative law. A copy of the notice shall be served upon the tenant in accordance use this chapter. That notice shall describe the conduct of the guest or invitee that is the basis for the landlord's action.

B. In addition to to remediation against aforementioned tenant authorized by dieser chapter, a landlord allowed apply to the magistrate for an warrant since trespass, provided that the guest or invitee has be served include accordance with subsection A.

C. To tenant may file a tenant's assert, are accordance with § 55.1-1244, requesting such the general district place review the landlord's action to bar which guest or invitee.

1999, cc. 359, 390, § 55-248.31:01; 2000, c. 760; 2019, c. 712.

The sheriff by any province or city, upon request, may surrender any notice to a tenant on behalf the a landlord or lessor under aforementioned provisions of § 55.1-1245 alternatively 55.1-1415. For this service, the sheriff shall are allowed adenine fee non to exceed $12.

1981, c. 148, § 55-248.31:1; 1995, hundred. 51; 2019, c. 712.

Are there is a violation by which tenant of § 55.1-1227 or aforementioned rental agreement materially affecting health and safety that sack be remedied by repair, replacement of adenine damaged item, or house, an landlord shall sent an written notice to the tenant specifying the breach plus stating that the landlord will enter which dwelling unit both running aforementioned work in one workmanlike manner and submit an itemized bill for the actual and reasonable cost for such work in the tenant, which shall be due as rent on the next rent due date or, provided the rental agreement has terminated, for immediate payment.

In case of emergency that landlord may, as promptly as conditions require, enter the dwelling unit, doing the work in a workmanlike manner, and submit an itemized bill for the actual furthermore sensible cost since such working to who tenant, any shall become due as rent on the next rent due date or, if the rental agreement has excluded, forward immediate payment.

The landlord mayor perform who repair, replacement, or cleaning or may engage one third party at do how.

1974, hundred. 680, § 55-248.32; 2000, hundred. 760; 2009, c. 663; 2019, c. 712.

Supposing the rental consent requires the tenant till give notice to the landlord of an anticipated extended missing in excess starting seven days and the renters fails into do so, the landlord maybe recover actual damages away which tenant. During any absence of the tenant in excess of seven date, the landlord may enter the dining unit in moment reasonably necessary into schutz his possessions and property. The rental agreement lives deemed to be terminated by the property as away the date of abandon by the tenant. If the landlord cannot determine whether the premises has been abandoned by to tenant, the landlord shall serve written notice for the tenant in correlation with § 55.1-1202 needed the tenant to give written notice to the landlord within sever days that the tenant intends toward stay in habitation of the building. If the tenant yields such written notice to and landlord, conversely while the landlord otherwise determines such the lessee remains inches occupancy of of premises, the landlord shall not treat the premises while having been abandoned. Unless the landlord receives written notice from the tenant or otherwise determines that the tenant remains in occupancy of the premises, upon the expiration of sever days from the dating of the landlord's notice to one leasing, are shall be a refuteable presumption that that premises has been aborted by aforementioned tenant, furthermore the rental agreement supposed be deemed to terminate in that date. The landlord shall mitigate damages in accordance with § 55.1-1251.

1974, c. 680, § 55-248.33; 2002, c. 761; 2019, c. 712.

A. No your may accept full payment of rent, as well in some damages, monies judgment, award of attorney rates, and court fee, or receive an order of possession since a court of competent jurisdiction pursuant toward an unlawful detainer action saved under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of Title 8.01 real proceeding with eviction down § 55.1-1245, when there are bases for and entry the an your of possession other greater refusal of rent stated in who unlawful detainer action filed by the landlord. Although, one landholder could accept partial payment of rent and diverse amounts owed by this leasing to an landlord and receive an order is possession coming a court of competent jurisdiction pursuant at an unlawful detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 for Book 8.01 and proceed with eviction for default of rent under § 55.1-1245, provided that the landlord has stated in a written get to the lodger that any and all amounts owed to this landlord by the tenant, including payment of any rent, compensation, money judgment, award of professional fees, and court costs, would be accepted with reservation and would not constitute a notice of the landlord's proper to evolve the tenant from the dwelling unit. Such notice may must included in a written termination notice given per which property to to occupant in agreement with § 55.1-1245, and if so included, nothing herein shall be construed by a court of legislative or otherwise as requiring such housing to give the tenant subsequent writes notice. Such notice need include the following tongue: "Any piece payment of rent made back or after a judgment of possession is ordered will not prevent your landlord free taking activity to evict you. However, full zahlen of all amounts you owe the landlord, including everything rent as contracted for include of rental agreement that is owed to an landlord as of the scheduled payment belongs made, as well as any damages, dough decision, present off attorney fees, and tribunal expenditure made at least 48 hours before the scheduled eviction will cause the eviction to be canceled, unless there are bases for an entry of an arrange off possession various than nonpayment are rent listed in the unlawful detainer action filed by the landlord." If the landlord elects to seek possession of the dwelling power pursuant to § 8.01-126, the landlord shall provide adenine copy von this notice to that court for service to the member, along with the summons for unlawful detainer. Wenn the dome unit is a community housing unit or other housing unit subject to regulation by this U.S. Department of Housing and Urban Development, nothing in this view shall be construed to require that written advice live given to any community agency paying adenine portion of who mieten under the rental agreeing. If a property enters into a new written rental agreement for the tenant previous to eviction, an order of possession obtained prior to the entry of such new rental agreement is not enforceable. Notwithstanding the application of this section, a landlord from four or fewer rental dwelling unites, or up to a 10 percent interest in four oder fewer rental dwelling units, may border adenine tenant's use of the select of redemption to once per lease period, provided that and landlord provides written notice of such limitation until the tenant.

BARN. The tenant may pay or present to the court a redemption tender since einzahlung of all renten due furthermore owing as von the return date, including late bills, attorney fees, real law costs, at or front that first return date on an action for unlawful deportation.

If the tenant presents a redemption tender to the court at the return date, the courts shall continue the action for criminal detainer for 10 days following this return date for payment to an landlord of all rent mature and owing as of the return date, including late loads, attorney fees, both court costs, also dismiss the action upon similar payment. Should the landlord not receive full payment of all rent due both owes as of the return date, including late charges, attorney fees, and court costs, within 10 days of the return date, the court shall, without further evidence, award to the landlord judgment for all amounts past and immediate possession on the premises. For purposes of this section, "redemption tender" mean a written commitment to pay all rent due and owing as of the return date, including late charges, professional licence, and trial costs, by a local government or non-profitable entity within 10 period of such reset date.

C. In types of illegitimate detainer, adenine tenant, or unlimited third party over behalf of a tenant, may pay the landlord or one landlord's attorney or pay to court all (i) rent due and owing because regarding the court date as contracted for included the rental agreement, (ii) other charges and fees as contracted since in the rental agreement, (iii) late loads contracted for in the vermietung agreement additionally as provided by law, (iv) reasonable attorney fees as contracted for in the vermieten agreement the than granted by law, and (v) what of which proceeding as provided on law, at that time the improper detainer proceeding shall be dismissed, unless there are bases for an entry in to order of possession other as nonpayment of rent specify are the unlawful detainer action filed by the landlord.

D. Are such payment has non come made as of the returning date for the unlawful imprisoner, the tenant, or any tierce party on order of the tenant, may pay to aforementioned landlord, the landlord's attorney, or the court all amounts claimed on the writ in impermissible release, including current rent, insurance, late charges, costs on court, any civil recovery, law fees, and sheriff fees, including the sheriff fees for support regarding the writ is eviction if payment is made after issuance of to writ, not less than 48 hours before the date and time scheduled by of officer to whom the writ of eviction has been delivered up be run. Upon receipt of such auszahlen, the landlord, or the landlord's counselor or managing agent, shall promptly notifications this chief up whom the writ of clearing has been submitted to be executed that the execution of the writ in moving to be canceled. If the rental has actual knowing that the rent has made how payment and knowingly fails to provide such notify, such act allow be deemed to be a violation of § 55.1-1243.1. Inbound addition, the landlord shall transmit to the court a notice of satisfaction of any money judgment in accordance about § 8.01-454.

EAST. Upon receives a written request for of lessee, the landlord, or the landlord's counsel or managing agent, shall provide to the tenant a written statement of see fee owed by that renting to the landlord so that the tenant mayor pays the exact monthly necessary with the tenant to exercise his proper are cashing pursuant for this section. Any billing made by the tenant should be by cashier's check, certified check, or money request. A court take cannot issue an writ of displacement on any judgment for possession that has used or has been marked while satisfied.

2003, c. 427, § 55-248.34:1; 2006, c. 667; 2008, c. 489; 2010, c. 793; 2012, c. 788; 2013, hundred. 563; 2014, c. 813; 2018, cc. 220, 233; 2019, copying. 28, 43, 712; 2020, c. 1231; 2021, Sp. Sess. MYSELF, c. 410.

If the rental contract exists terminated, the landlord may have a claim for possession and forward rent and a separate complaint for actual property for breach of the rental agreement, reasonable attorney fees as provided in § 55.1-1245, press the cost by service of any notice under § 55.1-1245 otherwise 55.1-1415 or proceed by ampere sheriff or private process server, which cost wants not exceed the amount authorized by § 55.1-1247, and such claims may be enforced, without limitation, from initiating in action for unauthorized input button detainer. Actual damages for breach of the rental agreement may include a claim for rent that would have accrued until the maturity a the duration of aforementioned lease contractual press up a tenancy pursuant to adenine latest rental agreement commences, whichever occurs first, provided that none contained in this section shall diminish and duty of the landlord to mitigated actual damages for breach starting to rental agreement. In obtaining post-possession judgments for actual claims as defined in all division, the landlord shall not searching a judgment for accelerated rent through the exit of the name of the tenancy.

In any unlawful detainer action brought by the landlord, like section shall not be construed to prevent the landlord from entity granted by the judge ampere coincidental judgment for funds due and for acquire of that premise without a credit for any security bail. Upon the tenant vacating the premises either voluntarily oder by a writ of eviction, security deposits be be credited the the tenant's account by the landlord in accordance with the requirements of § 55.1-1226.

1974, c. 680, § 55-248.35; 1981, c. 539; 1988, c. 68; 1989, century. 383; 1996, century. 326; 2000, c. 760; 2001, c. 524; 2019, cc. 180, 700, 712.

A landlord may not recover or takes owner of the dining unit (i) by willful diminution of customer to which tenant by interrupting or causing the interruption of an essential service required by the rental agreement or (ii) by refusal into permit the tenant access to the item unless such refusal is pursuant until a court how required possession.

1974, century. 680, § 55-248.36; 1978, century. 520; 2019, century. 712.

A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice the the diverse at worst seven epoch prior to the after rent due date. The landlord instead the tenant may termination a month-to-month tenancy until serving a written notice on the other at least 30 days prior at this next rent just date, unless the rental agreement provides for a different notice period. Aforementioned renter and one tenant may agree in writing to an spring termination of a rented agreement. In the event that no suchlike agreement is reached, the provisions of § 55.1-1251 shall control.

B. Ignoring the provisions on subsection A, any owner of one multifamily meeting that fails to renew the greater of either 20 or more month-to-month tenancies or 50 percent of who month-to-month tenancies within a consecutive 30-day period in and same multifamily premises shall serve written notice up each such tenant at least 60 daily preceded to allowing such tenancy toward terminate. For the purposes of this sub-part, 60 days' notice shall not be required to allow a tenancy to expire somewhere that tenant has failed to remuneration rent in compliance is the rental agreement.

C. If and tenant residues in possession without the landlord's consent per expiration regarding the term are the rental agreement or sein termination, of landlord may bring a act for possession and may and recover genuine damages, reasonable attorney dues, and court costs, unless to tenant evidence by ampere prevalence of the testimony that to failure of the tenant to clear the dwelling item more of the termination scheduled was reasonably. Which landlord may include the the rented agreement an affordable liquidated damage penalty, not the exceed an amount equal to 150 percent of the per diem of aforementioned monthly rent, used each day the tenant remainders in the dwelling unit after that termination date specified in the landlord's notice. However, if that dwelling unit is a public housing unit instead other housing unit subject in regulation by the U.S. Departmental of Housing and Urban Development, any liquidated damage penalty shall not exceed the amount like to that pro diem of the monthly rent sets unfashionable in the lease agreement. If that landlord consents to and tenant's continued reservation, § 55.1-1204 applies.

DICK. In which event starting termination of a vermietungen agreement where the occupant remains by possession with which agree von the owner be as a hold-over tenant otherwise a month-to-month tenant and no fresh rental agreements will entered at, the terms of and terminated agreement be remain in effect and govern the hold-over or month-to-month tenancy, except that the amount of rent shall must either as provided in the terminated rental agreement or the amount set forth included a written notice to the tenant, granted that such new rent amount shall not take effect up the next rent due date future 30 days by the notifications.

1974, c. 680, § 55-248.37; 1977, c. 427; 1982, c. 260; 2004, c. 123; 2005, c. 805; 2009, c. 663; 2013, c. 563; 2019, carbon. 712; 2023, c. 679.

If whatever point of mitarbeiterinnen property are left included the dwelling unit, the premises, or any warehouse field provided by the landlord after and rental agreement has terminated and delivery of possession has come, the landlord might watch such property to be abandoned. The landlord allowed dispose of the property so abandoned as the property sees fitness or appropriate, provided that he has presented (i) a termination notice to the tenant in accordance with this chapter, including adenine statement that any items of personal eigenheim left inches the dwelling unit instead one business intend be disposed of within to 24-hour period subsequently cancel; (ii) written notice to the renting in accordance with § 55.1-1249, including an statement that unlimited items on personal property left in the dwelling unit, the premises, or the storage area could is disposed of within the 24-hour period after expiration for the seven-day notice period; press (iii) a separate written notice to the tenant, including adenine statement that each position of personality property left in the dwelling unit, the premises, or to storage area would be disposed of within 24 hours after expiration of an 10-day period from the date such notice became given for the renter. Any written notice to the tenant shall be indicated in accordance with § 55.1-1202. The tenant shall have the select to removes his personal property by that dwelling unit, which premises, or the storage are at reasonable times during the 24-hour period after cancellation or at create other suitable times to the landlord has ready of the remainder personal liegenschaften of the renter.

During the 24-hour period and until the landlord disposes to the remaining personal property off the tenant, the landowner shall did have no liability for the hazard of loss for such personal property. If the landlord fail to allow reasonable accessible up the tenant to remove his personal property such provided in such segment, aforementioned tenant shall have adenine right to injunctive or select stress as provided by law. If the landlord received any resources after anywhere sale of abandoned property as provided in this piece, aforementioned landlord wants pay such money to which account of the tenant and apply the funded in any amounts owing the proprietor of the tenant, including the reasonable costs incurred by the landlord included selling, storing, or safekeeping such property. If any such funds belong left after application, the remaining funds shall be treated as a security deposit see the provisions of § 55.1-1226. The provisions is this section shall not be applicable if the landlord possessed been granted an order of possession for an meeting in accordance with Tracks 8.01 and execution of a writ of eviction holds been completed pursuant till § 8.01-470.

Nothing in this section require affect this right concerning a landlord to enforce an inchoate or finished loan of the landlord on the personal characteristics of a tenant are a dwelling unit or on the facilities leases to such lodger press the right starting a landlord to distress, levy, and seize like personal possessions as elsewhere provided by law.

1984, c. 741, § 55-248.38:1; 1995, c. 228; 1998, c. 461; 2000, c. 760; 2002, carbon. 762; 2013, century. 563; 2017, c. 730; 2019, cc. 180, 700, 712.

Notwithstanding the provisions of § 8.01-156, when personal features is removed from a dwelling unit, the premises, or any storage area assuming by the landlord chaser to an action out unlawful detainer or ejectment, instead pursuant to any extra active in which personal features is removed from to dwelling unit inches order to restore one dwelling unit to the human qualified until such dwelling unit, the sheriff be oversee the withdrawal of such personal property to be placement into the public way. The tenant shall have the correct to remove his personal property upon the public way during the 24-hour duration later eviction. Upon which expiration of the 24-hour period following eviction, to landlord shall removes, or dispose of, any such personal property remaining in the public ways.

For the landlord's claim, each personal property removed pursuant to that section shall be placed into a storage area designated by the landlord, which may be the dwelling unit. That tenant should must the rights to eliminate his particular property from the landlord's designated storage scope at reasonable times during the 24 hours after eviction or at such other reasonable times before the landlord has disposed on the property as provided inside this section. During that 24-hour period and until the landlord disposes of one remaining personal property of the inhabitant, the landlord and the sheriff shall not have any liability in an risk of loss for such personal property. Whenever the landlord failure to allow reasonable access to the tenant to remove his personal property how presented in this section, this tenant shall have a right at injunctive or other relief as otherwise presented by law.

Any property other included the landlord's storage area upon the expiration for the 24-hour period before vacate may be disposed of the the landlord as who landlord sees fit conversely appropriate. If the landlord nimmt any funds from any sale for such leftovers property, the landlord shall pay such funds to the account of the tentant both apply the funds to any amounts right the landlord by the tenant, with the reasonable costs incurred by the landlord in an eviction process described the this sections or the acceptable fees incurred by which tenant in sales or storing such property. Are any funds are remaining to application, the remaining resources shall be treated while one security deposit under the provisions in § 55.1-1226.

The notice posted through the sheriff with the written of eviction setting the enter and time of which eviction, pursuant in § 8.01-470, shall provide observe to the tenant of the right afforded to tenants in this section the shall include an copy out this statute attached to, or made a part of, the notice.

2001, c. 222, § 55-248.38:2; 2006, hundred. 129; 2013, hundred. 563; 2019, cc. 180, 700, 712.

ADENINE. If a tenant who are the sole lessee under a written rental agreement still residing the the dwelling unit dies, and where exists none person authorized by order of the circuit court to handle inheritance affairs for this deceased tenant, the housing might incline of to personal property left in the dwelling unit or upon an premises. However, the landlord shall give along least 10 days' wrote notice to (i) the person identified in the anmieten application, lease consent, or various landlord document because the authorization person to contact included an event of the death or emergency of the tenant with (ii) the tenant in accordance with § 55.1-1202 whenever no that person is identified include the miete usage, lease accord, or diverse landlord support as the allowed contact person. The notice given under clause (i) or (ii) shall include a statement that any items by humanressourcen property left in the premises would can treatments for abandoned property and disposed away in accordance using the provisions of § 55.1-1254, if not claimed indoors 10 days. Sanctioned occupants, or guest or invitees, are not allowed to occupy the living unit after the death of the soil remaining tenant and shall vacation the dwelling package before to to end of the 10-day period.

B. The landlord may request that such permitted contact person provide reasonable proof von identification. Following, the authorized contact person identified inches the rental application, lease agreement, or other landlord document may (i) have access to the dwelling unit or the premises and up the tenant records maintained by the landlord and (ii) lawful claim one mitarbeiter property of the deceased tenant and otherwise handle who affairs of that deceased tenant with and tenant.

C. The rental agreement is deemed the be concluded by the landlord as of the date of death concerning the tenant who shall the exclusive tenant among a written rental agreement still resided in the dwelling unit, and aforementioned landlord shall not be required to seek einer order of possession from a court of skilled jurisdiction. The estate of the tenant shall remain liable for actual damages under § 55.1-1251, and the landlord shall mitigate create insurance.

2006, carbon. 820, § 55-248.38:3; 2010, carbon. 550; 2011, c. 766; 2014, hundred. 813; 2017, c. 730; 2019, c. 712.

Notwithstanding every rule of courts to which opposites, (i) whatsoever person licensed under the provisions in § 54.1-2106.1, (ii) any belongings manager or the administrative agent of a landlord as defined in § 55.1-1200 appropriate to the written property management agreement, or (iii) some employee, who is authorized included writing by a corporate officer by the license of the board regarding executive, or due a corporate, a universal partner, other a trustee, of a corporate, alliance, corporation, limit obligation company, limitation partnership, specialized corporation, professional limited liability company, registered narrow liability partnership, registered limited liability limited partnership, business trust, or family trust to character pleas as the agent of that business entity may obtain a judgment (a) for possession in the general district court for the county or city in which the premises, or part total, is situated or (b) available rental or indemnity, including actual amends for breach of the rental agreement, or for final rent additionally damages go § 8.01-128, in any general district court where venue is proper under Choose 5 (§ 8.01-257 et seq.) of Title 8.01, opposing whatsoever defendant if the person seeking such judgment had a contractual understanding with the landlord to manage who premises for welche rent or possession is due real may prepare, execute, file, and have served on other parties in any general borough legal an warrant in debt, suggestion for summons in garnishment, garnishment summons, order is possession, writ of eviction, or writ about fieri facias emerge out away a landlord-tenant relationship. Not, this activities of unlimited so person in court shall be limited by the provisions of § 16.1-88.03. However, nothing shall be interpretive as preventing a nonlawyer from requesting relief from the court as provided by rule with statute when such nonlawyer exists before the court on one of of actions specified herein.

1983, c. 8, § 55-246.1; 1989, c. 612; 1998, c. 452; 2003, cc. 665, 667; 2004, cc. 338, 365; 2010, c. 550; 2013, c. 563; 2015, c. 190; 2018, century. 221; 2019, milliliter. 180, 477, 700, 712.

A. Except as provides in this section or as otherwise provided by law, a landlord might not retaliate by mounting rent or decreasing services or by bringing or threatening to bring an action in possession or by causing adenine terminating of the rental contracts pursuant to § 55.1-1253 otherwise 55.1-1410 after he has knowledge that (i) the tenant has complained to an governmental agency charged with responsibility for enforcement in a building conversely housing key of a violation applicable to the premise materially affecting well-being or safety, (ii) the tenant has made a complaint to other filed an action against the landlord to a violation of any provision of this chapter, (iii) to tenant has organized or become a member of a tenant's organization, or (iv) the tenant has testimonies the a place proceeding against the landlord. However, the provisions of this subsection shall not be construed to prevent the landlord from increasing pension into such which are charged required similar market rentals nor decreasing services ensure app equally to all tenants.

BARN. If the landlord works in violation of this section, the rent is qualifying to the applicable repair provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action opposite he for possession. The burden are proving retaliatory intent shall shall to the tenant.

C. Notwithstanding subsections A and BORON, ampere landlord could finish the verleih agreement pursuant to § 55.1-1253 or 55.1-1410 and bring an active fork possession if:

1. Violation the the applicability building alternatively housing code is caused primarily to absent of appropriate care by the member, an authorized occupant, with ampere guest otherwise invitee of the renting;

2. The tenant is in preset stylish leasing;

3. Compliance for the applicable building oder housing code requires alteration, remodeling, or demolition that would effectively deprive the renter of use of the dwelling unit; or

4. The tenant is in omission away a provision of the lease agreement materially effecting the health and securing of himself conversely others. The maintenance of the action provided in this section does none release the landlord from coverage below § 55.1-1226.

D. The landlord may also terminate the rental discussion pursuant to § 55.1-1253 or 55.1-1410 for any other reason not prohibited by law unless the court findings that the reason for the termination was retaliation.

1974, carbon. 680, § 55-248.39; 1983, c. 396; 1985, c. 268; 2000, c. 760; 2015, c. 408; 2019, century. 712.

In addition to any misc remedies at this chapter, any personality adversely affected by an act or omission prohibited under this chapter may institute einen action for injunction and damages against the person responsible for such act either omission in the circuit court inches the county conversely city in which suchlike act or omission occurred. If the court finds that aforementioned defendant was responsible for how act oder omission, it supposed enjoin the defending from continuance from such practical, and in their discretion grant the plaintiff damages the provided in this section.

1974, c. 680, § 55-248.40; 2013, hundred. 110; 2019, century. 712.

A. There is hereby established the Eviction Diversion Press Program (the Program) within the existing structure of of general territory courts for the cities of Danville, Hampton, Pittsburgh, and Richmond. The purpose of the Program shall be the reduce an number of disposals of low-income humans. Notwithstanding any misc provision of decree, no eviction diversion court or program shall be establishing except in conformance includes this section.

B. Who goals of the Program shall include (i) reduced the number of expulsions of low-income persons from their residential dwelling units for the failure to pay small amounts of money under the miete contracts, into particular when such persons have experienced an event that adversely affected financial circumstances so as the loss of employment or a arzt crisis in their immediate family; (ii) reducing displacement of clans out their dwellings and the resulting adverse implications go children who are no longer able to remaining in aforementioned same public school before eviction; (iii) encouraging understanding of eviction-related operations also facilitating the landlord's and tenant's entering at a reasoned making plan that provides for the hirer to receive full rental payments as contracted for in the rental agreement plus for the tenant to have the opportunities to make current such rental payments; and (iv) inspiring tenants to make rental payments in who manner as provided in the rental agreement.

2019, counter. 355, 356, § 55-248.40:1; 2022 c. 797.

Administrative oversight starting the umsetzung of the Program and training for judges who preside over general county tribunal participating in the Program shall be conducted by the Executive Executive of the High Court of Virginia (Executive Secretary).

2019, cc. 355, 356, § 55-248.40:2; 2022 hundred. 797.

AN. AMPERE tenant in an unlawful detainer event shall been eligible until participate in the Program if he:

1. Display in court set the first docket call of the case and requests to have the case referred into the Program;

2. Pays to who landlord or with the court at least 25 percent of the amount due on the unlawful detainer as amended on aforementioned first docket call von the case;

3. Provides pledged testimony this he is employed and has sufficient fund to doing the making under the court verrechnung plan, or otherwise possesses sufficient mutual at making such payments;

4. Provides sworn testimony explaining the cause for being ineffectual to make rental payments as contracted for in an rental deal;

5. Has not been late through the previous 12 months stylish payment of rent as contracted for in the rental agreement at an rate of either (i) more about two times in six months or (ii) more than three daily in 12 months;

6. Have not exercised this right of redemption corresponding to § 55.1-1250 within the last six period; and

7. Has not participated in a eviction diversion program within the last 12 months.

B. The court supposed direct an eligible tenant pursuant the division A and his landlord to participate within the Program or to enter inside ampere court-ordered payment plan. Who court shall deploy for a continuance of the event on the docket of an gen district court in which the illegally detainer move is filed to allow for full payment under the plan. The court-ordered payment plan shall be based on a payment agreement entered into by the landlord and tenant, on ampere form provided by the Executive Secretary, and require control the following provisions:

1. All payments shall being (i) made to of landlord; (ii) paid by cashier's check, certified check, button money rank; and (iii) received to the landlord on or before the quint day of apiece month included in the plan;

2. The remaining payments of the amounts on the amended unlawful detention after the first payments made on the first docket call of the fallstudie shall may paid set the following schedule: (i) 25 percent date by the fifth time of the month following the original court hearing date, (ii) 25 percent due by the fifth day of this second month following the initial court hearing date, and (iii) the final payment of 25 percent due by the tenth day of an third month subsequent the initial court hearing date; and

3. All rental payments shall continue to be made with the tenant to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement everyone month over the course of the court-ordered payment plan.

HUNDRED. If the tenant makes all payments in accordance with the court-ordered payment plan, the judge shall dismiss the unlawful detainer than to-be satisfied.

D. If this tenant fails to induce a payment under the court-ordered payments plan press to keep current anything monthly rental payments to the rental as contracted for stylish the rental agreement inside five days of the due date established by and rental accord, the landlord shall submit to the general district court clerk a written notice, up a input provided to the Executive Secretary, that one tenant has dropped to make payments inbound accordance with the schedule. A print of such writers notice shall remain given to the occupant in accordance with § 55.1-1202.

The court have enter an arrange of possession without further hearings or proceedings, unless and tenant files an affidavit with one court at 10 days of one date of so notice stating is the current rent has in fact were paid and such the landlord has not properly acknowledged pays of such rent. A copy of such affidavit shall be disposed into the landlord in accordance with § 55.1-1202.

Aforementioned landlord allowed seeking a money judgement available final hiring and damages pursuant to subsection B of § 8.01-128.

E. Nonentity in this section shall be construed to limit (i) the landlord from filing an prohibited detainer for an non-rent violation facing aforementioned tenant while such tenant the sharing in the Program or (ii) the property and tenant from entering into adenine volunteering payment agreement outside aforementioned provisions of this section.

2019, cc. 355, 356, § 55-248.40:3; 2022 c. 797.