{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1201.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1201.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1201.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1201.html"}],"law_id":83636,"edition_id":1,"section_id":83636,"structure_id":15277,"section_number":"55.1-1201","catch_line":"Applicability of chapter; local authority","history":"1974, c. 680, \u00a7 55-248.3; 1977, c. 427; 2000, c. 760, \u00a7 55-248.3:1; 2001, c. 416; 2017, c. 730; 2018, cc. 50, 78, 221; 2019, cc. 180, 700, 712; 2022, cc. 732, 755.","full_text":"A\n\nThis chapter shall apply to all jurisdictions in the Commonwealth and may not be waived or otherwise modified, in whole or in part, by the governing body of any locality or its boards or commissions or other instrumentalities or by the courts of the Commonwealth. Occupancy in a public housing unit or other housing unit that is a dwelling unit is subject to this chapter; however, if the provisions of this chapter are inconsistent with the regulations of the U.S. Department of Housing and Urban Development, such regulations shall control.B\n\nThe provisions of this chapter shall apply to occupancy in all single-family and multifamily dwelling units and multifamily dwelling units located in the Commonwealth.C\n\nThe following tenancies and occupancies are not residential tenancies under this chapter:1\n\nResidence at a public or private institution, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar services;2\n\nOccupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;3\n\nOccupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;4\n\nOccupancy in a campground as defined in § 35.1-1;5\n\nOccupancy by a tenant who pays no rent pursuant to a rental agreement;6\n\nOccupancy by an employee of a landlord whose right to occupancy in a multifamily dwelling unit is conditioned upon employment in and about the premises or a former employee whose occupancy continues less than 60 days;7\n\nOccupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest; or8\n\nOccupancy in a recovery residence as defined in § 37.2-431.1.D\n\nThe following provisions apply to occupancy in a hotel, motel, extended stay facility, etc.:1\n\nA guest who is an occupant of a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar transient lodging shall not be construed to be a tenant living in a dwelling unit if such person does not reside in such lodging as his primary residence. Such guest shall be exempt from this chapter, and the innkeeper or property owner, or his agent, shall have the right to use self-help eviction under Virginia law, without the necessity of the filing of an unlawful detainer action in a court of competent jurisdiction and the execution of a writ of eviction issued pursuant to such action, which would otherwise be required under this chapter.2\n\nA hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar transient lodging shall be exempt from the provisions of this chapter if overnight sleeping accommodations are furnished to a person for consideration if such person does not reside in such lodging as his primary residence.3\n\nIf a person resides in a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar transient lodging as his primary residence for 90 consecutive days or less, such lodging shall not be subject to the provisions of this chapter. However, the owner of such lodging establishment shall give a five-day written notice of nonpayment to a person residing in such lodging and, upon the expiration of the five-day period specified in the notice, may exercise self-help eviction if payment in full has not been received.4\n\nIf a person resides in a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar transient lodging as his primary residence for more than 90 consecutive days or is subject to a written lease for more than 90 days, such lodging shall be subject to the provisions of this chapter.5\n\nNothing herein shall be construed to preclude the owner of a lodging establishment that uses self-help eviction pursuant to this section from pursuing any civil or criminal remedies under the laws of the Commonwealth.E\n\nNothing in this chapter shall prohibit a locality from establishing a commission, reconciliatory in nature only, or designating an existing agency, which upon mutual agreement of the parties may mediate conflicts that may arise out of the application of this chapter, nor shall anything in this chapter be deemed to prohibit an ordinance designed to effect compliance with local property maintenance codes. This chapter shall supersede all other local ordinances or regulations concerning landlord and tenant relations and the leasing of residential property.","order_by":null,"text":{"0":{"id":299767,"text":"This chapter shall apply to all jurisdictions in the Commonwealth and may not be waived or otherwise modified, in whole or in part, by the governing body of any locality or its boards or commissions or other instrumentalities or by the courts of the Commonwealth. Occupancy in a public housing unit or other housing unit that is a dwelling unit is subject to this chapter; however, if the provisions of this chapter are inconsistent with the regulations of the U.S. Department of Housing and Urban Development, such regulations shall control.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":299768,"text":"The provisions of this chapter shall apply to occupancy in all single-family and multifamily dwelling units and multifamily dwelling units located in the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":299769,"text":"The following tenancies and occupancies are not residential tenancies under this chapter:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":299770,"text":"Residence at a public or private institution, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar services;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":299771,"text":"Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":299772,"text":"Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":299773,"text":"Occupancy in a campground as defined in § 35.1-1;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":299774,"text":"Occupancy by a tenant who pays no rent pursuant to a rental agreement;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":299775,"text":"Occupancy by an employee of a landlord whose right to occupancy in a multifamily dwelling unit is conditioned upon employment in and about the premises or a former employee whose occupancy continues less than 60 days;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":299776,"text":"Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest; or","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"10":{"id":299777,"text":"Occupancy in a recovery residence as defined in § 37.2-431.1.","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"D"},"11":{"id":299778,"text":"The following provisions apply to occupancy in a hotel, motel, extended stay facility, etc.:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C8","next_prefix":"D1"},"12":{"id":299779,"text":"A guest who is an occupant of a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar transient lodging shall not be construed to be a tenant living in a dwelling unit if such person does not reside in such lodging as his primary residence. Such guest shall be exempt from this chapter, and the innkeeper or property owner, or his agent, shall have the right to use self-help eviction under Virginia law, without the necessity of the filing of an unlawful detainer action in a court of competent jurisdiction and the execution of a writ of eviction issued pursuant to such action, which would otherwise be required under this chapter.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"13":{"id":299780,"text":"A hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar transient lodging shall be exempt from the provisions of this chapter if overnight sleeping accommodations are furnished to a person for consideration if such person does not reside in such lodging as his primary residence.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"14":{"id":299781,"text":"If a person resides in a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar transient lodging as his primary residence for 90 consecutive days or less, such lodging shall not be subject to the provisions of this chapter. However, the owner of such lodging establishment shall give a five-day written notice of nonpayment to a person residing in such lodging and, upon the expiration of the five-day period specified in the notice, may exercise self-help eviction if payment in full has not been received.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"15":{"id":299782,"text":"If a person resides in a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar transient lodging as his primary residence for more than 90 consecutive days or is subject to a written lease for more than 90 days, such lodging shall be subject to the provisions of this chapter.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"16":{"id":299783,"text":"Nothing herein shall be construed to preclude the owner of a lodging establishment that uses self-help eviction pursuant to this section from pursuing any civil or criminal remedies under the laws of the Commonwealth.","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"E"},"17":{"id":299784,"text":"Nothing in this chapter shall prohibit a locality from establishing a commission, reconciliatory in nature only, or designating an existing agency, which upon mutual agreement of the parties may mediate conflicts that may arise out of the application of this chapter, nor shall anything in this chapter be deemed to prohibit an ordinance designed to effect compliance with local property maintenance codes. This chapter shall supersede all other local ordinances or regulations concerning landlord and tenant relations and the leasing of residential property.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D5"}},"ancestry":[{"id":15277,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:53:32","date_modified":"2026-06-26 03:53:32","permalink":{"id":245887,"object_type":"structure","relational_id":15277,"identifier":"1","token":"55.1\/III\/12\/1","url":"\/55.1\/III\/12\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14100,"edition_id":1,"name":"Virginia Residential Landlord and Tenant Act","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":245885,"object_type":"structure","relational_id":14100,"identifier":"12","token":"55.1\/III\/12","url":"\/55.1\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61413,"structure_id":15277,"section_number":"55.1-1200","catch_line":"Definitions","url":"\/55.1-1200\/","token":"55.1\/III\/12\/1\/55.1-1200","metadata":false},{"id":83636,"structure_id":15277,"section_number":"55.1-1201","catch_line":"Applicability of chapter; local authority","url":"\/55.1-1201\/","token":"55.1\/III\/12\/1\/55.1-1201","metadata":false},{"id":69095,"structure_id":15277,"section_number":"55.1-1202","catch_line":"Notice","url":"\/55.1-1202\/","token":"55.1\/III\/12\/1\/55.1-1202","metadata":false},{"id":58146,"structure_id":15277,"section_number":"55.1-1203","catch_line":"Application; deposit, fee, and additional information","url":"\/55.1-1203\/","token":"55.1\/III\/12\/1\/55.1-1203","metadata":false},{"id":82906,"structure_id":15277,"section_number":"55.1-1204","catch_line":"Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant","url":"\/55.1-1204\/","token":"55.1\/III\/12\/1\/55.1-1204","metadata":false},{"id":84327,"structure_id":15277,"section_number":"55.1-1204.1","catch_line":"Fee disclosure statement","url":"\/55.1-1204.1\/","token":"55.1\/III\/12\/1\/55.1-1204.1","metadata":false},{"id":62292,"structure_id":15277,"section_number":"55.1-1205","catch_line":"Prepaid rent; maintenance of escrow account","url":"\/55.1-1205\/","token":"55.1\/III\/12\/1\/55.1-1205","metadata":false},{"id":68710,"structure_id":15277,"section_number":"55.1-1206","catch_line":"Landlord may obtain certain insurance for tenant","url":"\/55.1-1206\/","token":"55.1\/III\/12\/1\/55.1-1206","metadata":false},{"id":60062,"structure_id":15277,"section_number":"55.1-1207","catch_line":"Effect of unsigned or undelivered rental agreement","url":"\/55.1-1207\/","token":"55.1\/III\/12\/1\/55.1-1207","metadata":false},{"id":64224,"structure_id":15277,"section_number":"55.1-1208","catch_line":"Prohibited provisions in rental agreements","url":"\/55.1-1208\/","token":"55.1\/III\/12\/1\/55.1-1208","metadata":false},{"id":67212,"structure_id":15277,"section_number":"55.1-1208.1","catch_line":"Rental agreements; child care","url":"\/55.1-1208.1\/","token":"55.1\/III\/12\/1\/55.1-1208.1","metadata":false},{"id":81763,"structure_id":15277,"section_number":"55.1-1209","catch_line":"Confidentiality of tenant records","url":"\/55.1-1209\/","token":"55.1\/III\/12\/1\/55.1-1209","metadata":false},{"id":67680,"structure_id":15277,"section_number":"55.1-1209.1","catch_line":"Employees of the landlord; rental dwelling unit keys and electronic key codes; policies and procedures","url":"\/55.1-1209.1\/","token":"55.1\/III\/12\/1\/55.1-1209.1","metadata":false},{"id":75393,"structure_id":15277,"section_number":"55.1-1210","catch_line":"Landlord and tenant remedies for abuse of access","url":"\/55.1-1210\/","token":"55.1\/III\/12\/1\/55.1-1210","metadata":false},{"id":65452,"structure_id":15277,"section_number":"55.1-1211","catch_line":"Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth","url":"\/55.1-1211\/","token":"55.1\/III\/12\/1\/55.1-1211","metadata":false},{"id":67894,"structure_id":15277,"section_number":"55.1-1212","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, and ratio utility billing systems; local government fees","url":"\/55.1-1212\/","token":"55.1\/III\/12\/1\/55.1-1212","metadata":false},{"id":61504,"structure_id":15277,"section_number":"55.1-1213","catch_line":"Transfer of deposits upon purchase","url":"\/55.1-1213\/","token":"55.1\/III\/12\/1\/55.1-1213","metadata":false}],"previous_section":{"id":61413,"structure_id":15277,"section_number":"55.1-1200","catch_line":"Definitions","url":"\/55.1-1200\/","token":"55.1\/III\/12\/1\/55.1-1200","metadata":false},"next_section":{"id":69095,"structure_id":15277,"section_number":"55.1-1202","catch_line":"Notice","url":"\/55.1-1202\/","token":"55.1\/III\/12\/1\/55.1-1202","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1201\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 680 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 427; in 2000, chapter 760<\/a>; in 2001, chapter 416<\/a>; in 2017, chapter 730<\/a>; in 2018, chapters 50<\/a>, 78<\/a>, and 221<\/a>; in 2019, chapters 180<\/a>, 700<\/a>, and 712<\/a>; in 2022, chapters 732<\/a> and 755<\/a>.<\/p>","references":false,"refers_to":[{"id":61152,"section_number":"35.1-1","catch_line":"Definitions","order_by":null,"url":"\/35.1-1\/"},{"id":56667,"section_number":"55.1-2200","catch_line":"Definitions","order_by":null,"url":"\/55.1-2200\/"}],"permalink":{"id":245893,"object_type":"law","relational_id":83636,"identifier":"55.1-1201","token":"55.1\/III\/12\/1\/55.1-1201","url":"\/55.1-1201\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1201\/","token":"55.1\/III\/12\/1\/55.1-1201","dublin_core":{"Title":"Applicability of chapter; local authority","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1201","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> This chapter shall apply to all jurisdictions<\/span> in the Commonwealth and may not be waived or otherwise modified, in whole or in part, by the governing body of any locality or its boards or commissions or other instrumentalities or by the courts<\/span> of the Commonwealth. Occupancy in a public housing unit or other housing unit that is a dwelling unit<\/span> is subject to this chapter; however, if the provisions of this chapter are inconsistent with the regulations of the U.S. Department of Housing and Urban Development, such regulations shall control. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this chapter shall apply to occupancy in all single-family and multifamily dwelling units<\/span> and multifamily dwelling units<\/span> located in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The following tenancies and occupancies are not residential tenancies under this chapter: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Residence at a public or private institution, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Occupancy by a member of a fraternal or social organization<\/span> in the portion of a structure operated for the benefit of the organization<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Occupancy by an owner<\/span> of a condominium unit or a holder of a proprietary lease in a cooperative; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Occupancy in a campground as defined in § 35.1-1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Occupancy by a tenant<\/span> who pays no rent<\/span> pursuant to a rental agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Occupancy by an employee of a landlord<\/span> whose right to occupancy in a multifamily dwelling unit<\/span> is conditioned upon employment in and about the premises<\/span> or a former employee whose occupancy continues less than 60 days; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Occupancy under a contract<\/span> of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person<\/span> who succeeds to his interest; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Occupancy in a recovery residence as defined in § 37.2-431.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The following provisions apply to occupancy in a hotel, motel, extended stay<\/span> facility<\/span>, etc.: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A guest who is an occupant of a hotel, motel, extended stay<\/span> facility<\/span>, vacation residential facility<\/span>, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200<\/a> et seq.), boardinghouse, or similar transient lodging shall not be construed to be a tenant<\/span> living in a dwelling unit if such person<\/span> does not reside in such lodging as his primary residence. Such guest shall be exempt from this chapter, and the innkeeper or property owner<\/span>, or his agent, shall have the right to use self-help eviction under Virginia law<\/span>, without the necessity of the filing of an unlawful detainer action<\/span> in a court<\/span> of competent jurisdiction<\/span> and the execution of a writ<\/span> of eviction issued pursuant to such action, which would otherwise be required under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A hotel, motel, extended stay<\/span> facility<\/span>, vacation residential facility<\/span>, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200<\/a> et seq.), boardinghouse, or similar transient lodging shall be exempt from the provisions of this chapter if overnight sleeping accommodations are furnished to a person<\/span> for consideration if such person<\/span> does not reside in such lodging as his primary residence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a person<\/span> resides in a hotel, motel, extended stay<\/span> facility<\/span>, vacation residential facility<\/span>, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200<\/a> et seq.), boardinghouse, or similar transient lodging as his primary residence for 90 consecutive days or less, such lodging shall not be subject to the provisions of this chapter. However, the owner<\/span> of such lodging establishment shall give a five-day written notice<\/span> of nonpayment to a person<\/span> residing in such lodging and, upon the expiration of the five-day period specified in the notice, may exercise self-help eviction if payment in full has not been received. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If a person<\/span> resides in a hotel, motel, extended stay<\/span> facility<\/span>, vacation residential facility<\/span>, including those governed by the Virginia Real Estate Time-Share Act (§ 55.1-2200<\/a> et seq.), boardinghouse, or similar transient lodging as his primary residence for more than 90 consecutive days or is subject to a written lease for more than 90 days, such lodging shall be subject to the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Nothing herein shall be construed to preclude the owner<\/span> of a lodging establishment that uses self-help eviction pursuant to this section from pursuing any civil or criminal remedies under the laws<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this chapter shall prohibit a locality from establishing a commission, reconciliatory in nature only, or designating an existing agency, which upon mutual agreement of the parties may mediate conflicts that may arise out of the application of this chapter, nor shall anything in this chapter be deemed to prohibit an ordinance<\/span> designed to effect compliance with local property maintenance codes. This chapter shall supersede all other local ordinances<\/span> or regulations concerning landlord<\/span> and tenant<\/span> relations and the leasing of residential property. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICABILITY OF CHAPTER; LOCAL AUTHORITY (\u00a7 55.1-1201)\n\nA. This chapter shall apply to all jurisdictions in the Commonwealth and may not\nbe waived or otherwise modified, in whole or in part, by the governing body of\nany locality or its boards or commissions or other instrumentalities or by the\ncourts of the Commonwealth. Occupancy in a public housing unit or other housing\nunit that is a dwelling unit is subject to this chapter; however, if the\nprovisions of this chapter are inconsistent with the regulations of the U.S.\nDepartment of Housing and Urban Development, such regulations shall control.\n\nB. The provisions of this chapter shall apply to occupancy in all single-family\nand multifamily dwelling units and multifamily dwelling units located in the\nCommonwealth.\n\nC. The following tenancies and occupancies are not residential tenancies under\nthis chapter:\n\n 1. Residence at a public or private institution, if incidental to detention or\n the provision of medical, geriatric, educational, counseling, religious, or\n similar services;\n\n 2. Occupancy by a member of a fraternal or social organization in the portion\n of a structure operated for the benefit of the organization;\n\n 3. Occupancy by an owner of a condominium unit or a holder of a proprietary\n lease in a cooperative;\n\n 4. Occupancy in a campground as defined in § 35.1-1;\n\n 5. Occupancy by a tenant who pays no rent pursuant to a rental agreement;\n\n 6. Occupancy by an employee of a landlord whose right to occupancy in a\n multifamily dwelling unit is conditioned upon employment in and about the\n premises or a former employee whose occupancy continues less than 60 days;\n\n 7. Occupancy under a contract of sale of a dwelling unit or the property of\n which it is a part, if the occupant is the purchaser or a person who succeeds\n to his interest; or\n\n 8. Occupancy in a recovery residence as defined in § 37.2-431.1.\n\nD. The following provisions apply to occupancy in a hotel, motel, extended stay\nfacility, etc.:\n\n 1. A guest who is an occupant of a hotel, motel, extended stay facility,\n vacation residential facility, including those governed by the Virginia Real\n Estate Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar\n transient lodging shall not be construed to be a tenant living in a dwelling\n unit if such person does not reside in such lodging as his primary residence.\n Such guest shall be exempt from this chapter, and the innkeeper or property\n owner, or his agent, shall have the right to use self-help eviction under\n Virginia law, without the necessity of the filing of an unlawful detainer\n action in a court of competent jurisdiction and the execution of a writ of\n eviction issued pursuant to such action, which would otherwise be required\n under this chapter.\n\n 2. A hotel, motel, extended stay facility, vacation residential facility,\n including those governed by the Virginia Real Estate Time-Share Act (§\n 55.1-2200 et seq.), boardinghouse, or similar transient lodging shall be\n exempt from the provisions of this chapter if overnight sleeping\n accommodations are furnished to a person for consideration if such person does\n not reside in such lodging as his primary residence.\n\n 3. If a person resides in a hotel, motel, extended stay facility, vacation\n residential facility, including those governed by the Virginia Real Estate\n Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar transient\n lodging as his primary residence for 90 consecutive days or less, such lodging\n shall not be subject to the provisions of this chapter. However, the owner of\n such lodging establishment shall give a five-day written notice of nonpayment\n to a person residing in such lodging and, upon the expiration of the five-day\n period specified in the notice, may exercise self-help eviction if payment in\n full has not been received.\n\n 4. If a person resides in a hotel, motel, extended stay facility, vacation\n residential facility, including those governed by the Virginia Real Estate\n Time-Share Act (§ 55.1-2200 et seq.), boardinghouse, or similar transient\n lodging as his primary residence for more than 90 consecutive days or is\n subject to a written lease for more than 90 days, such lodging shall be\n subject to the provisions of this chapter.\n\n 5. Nothing herein shall be construed to preclude the owner of a lodging\n establishment that uses self-help eviction pursuant to this section from\n pursuing any civil or criminal remedies under the laws of the Commonwealth.\n\nE. Nothing in this chapter shall prohibit a locality from establishing a\ncommission, reconciliatory in nature only, or designating an existing agency,\nwhich upon mutual agreement of the parties may mediate conflicts that may arise\nout of the application of this chapter, nor shall anything in this chapter be\ndeemed to prohibit an ordinance designed to effect compliance with local\nproperty maintenance codes. This chapter shall supersede all other local\nordinances or regulations concerning landlord and tenant relations and the\nleasing of residential property.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.3; 1977, c. 427; 2000, c. 760, \u00a7 55-248.3:1;\n2001, c. 416; 2017, c. 730; 2018, cc. 50, 78, 221; 2019, cc. 180, 700, 712;\n2022, cc. 732, 755.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}