{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1237.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1237.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1237.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1237.html"}],"law_id":65508,"edition_id":1,"section_id":65508,"structure_id":15022,"section_number":"55.1-1237","catch_line":"Notice to tenant in event of foreclosure","history":"2018, c. 221, \u00a7 55-248.21:3; 2019, c. 712; 2021, Sp. Sess. I, c. 426.","full_text":"A\n\nThe landlord of a dwelling unit used as a single-family residence shall give written notice to the tenant or any prospective tenant of such dwelling unit that the landlord has received a notice of a mortgage default, mortgage acceleration, or foreclosure sale relative to the loan on the dwelling unit within five business days after written notice from the lender is received by the landlord. This requirement shall not apply (i) to any managing agent who does not receive a copy of such written notice from the lender or (ii) if the tenant or prospective tenant provides a copy of the written notice from the lender to the landlord or the managing agent.B\n\nIf the landlord fails to provide the notice required by this section, the tenant shall have the right to terminate the rental agreement upon written notice to the landlord at least five business days prior to the effective date of termination. If the tenant terminates the rental agreement, the landlord shall make disposition of the tenant’s security deposit in accordance with law or the provisions of the rental agreement, whichever is applicable.C\n\nIf the dwelling unit is foreclosed upon and there is a tenant in such dwelling unit on the date of the foreclosure sale, the successor in interest who acquires the dwelling unit at the foreclosure sale shall assume such interest subject to the following:1\n\nIf the successor in interest acquires the dwelling unit for the purpose of occupying such unit as his primary residence, the successor in interest shall provide written notice to the tenant, in accordance with the provisions of § 55.1-1202, notifying the tenant that the rental agreement is terminated and that the tenant must vacate the dwelling unit on a date not less than 90 days after the date of such written notice.2\n\nIf the successor in interest acquires the dwelling unit for any other purpose, the successor in interest shall acquire the dwelling unit subject to the rental agreement and the tenant shall be permitted to occupy the dwelling unit for the remaining term of the lease, provided, however, that the successor in interest may terminate the rental agreement pursuant to § 55.1-1245 or the terms of the rental agreement. The successor in interest shall provide written notice to the tenant, in accordance with the provisions of § 55.1-1202, informing the tenant of such.\n\t\t\t\tThe terms of the terminated rental agreement remain in effect except that the tenant shall make rental payments (i) to the successor owner as directed in a written notice to the tenant in this subsection; (ii) to the managing agent of the owner, if any, or successor owner; or (iii) into a court escrow account pursuant to the provisions of § 55.1-1244; however, there is no obligation of a tenant to file a tenant’s assertion and pay rent into escrow. Where there is not a managing agent designated in the rental agreement, the tenant shall remain obligated for payment of the rent but shall not be held to be delinquent or assessed a late charge until the successor owner provides written notice identifying the name, address, and telephone number of the party to which the rent should be paid.","order_by":null,"text":{"0":{"id":238160,"text":"The landlord of a dwelling unit used as a single-family residence shall give written notice to the tenant or any prospective tenant of such dwelling unit that the landlord has received a notice of a mortgage default, mortgage acceleration, or foreclosure sale relative to the loan on the dwelling unit within five business days after written notice from the lender is received by the landlord. This requirement shall not apply (i) to any managing agent who does not receive a copy of such written notice from the lender or (ii) if the tenant or prospective tenant provides a copy of the written notice from the lender to the landlord or the managing agent.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238161,"text":"If the landlord fails to provide the notice required by this section, the tenant shall have the right to terminate the rental agreement upon written notice to the landlord at least five business days prior to the effective date of termination. If the tenant terminates the rental agreement, the landlord shall make disposition of the tenant’s security deposit in accordance with law or the provisions of the rental agreement, whichever is applicable.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":238162,"text":"If the dwelling unit is foreclosed upon and there is a tenant in such dwelling unit on the date of the foreclosure sale, the successor in interest who acquires the dwelling unit at the foreclosure sale shall assume such interest subject to the following:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":238163,"text":"If the successor in interest acquires the dwelling unit for the purpose of occupying such unit as his primary residence, the successor in interest shall provide written notice to the tenant, in accordance with the provisions of § 55.1-1202, notifying the tenant that the rental agreement is terminated and that the tenant must vacate the dwelling unit on a date not less than 90 days after the date of such written notice.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":238164,"text":"If the successor in interest acquires the dwelling unit for any other purpose, the successor in interest shall acquire the dwelling unit subject to the rental agreement and the tenant shall be permitted to occupy the dwelling unit for the remaining term of the lease, provided, however, that the successor in interest may terminate the rental agreement pursuant to § 55.1-1245 or the terms of the rental agreement. The successor in interest shall provide written notice to the tenant, in accordance with the provisions of § 55.1-1202, informing the tenant of such.\n\t\t\t\tThe terms of the terminated rental agreement remain in effect except that the tenant shall make rental payments (i) to the successor owner as directed in a written notice to the tenant in this subsection; (ii) to the managing agent of the owner, if any, or successor owner; or (iii) into a court escrow account pursuant to the provisions of § 55.1-1244; however, there is no obligation of a tenant to file a tenant’s assertion and pay rent into escrow. Where there is not a managing agent designated in the rental agreement, the tenant shall remain obligated for payment of the rent but shall not be held to be delinquent or assessed a late charge until the successor owner provides written notice identifying the name, address, and telephone number of the party to which the rent should be paid.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1"}},"ancestry":[{"id":15022,"edition_id":1,"name":"Tenant Remedies","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:51:34","date_modified":"2026-06-26 03:51:34","permalink":{"id":246041,"object_type":"structure","relational_id":15022,"identifier":"4","token":"55.1\/III\/12\/4","url":"\/55.1\/III\/12\/4\/","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":84339,"structure_id":15022,"section_number":"55.1-1234","catch_line":"Noncompliance by landlord","url":"\/55.1-1234\/","token":"55.1\/III\/12\/4\/55.1-1234","metadata":false},{"id":63784,"structure_id":15022,"section_number":"55.1-1234.1","catch_line":"Uninhabitable dwelling unit","url":"\/55.1-1234.1\/","token":"55.1\/III\/12\/4\/55.1-1234.1","metadata":false},{"id":60083,"structure_id":15022,"section_number":"55.1-1235","catch_line":"Early termination of rental agreement by military personnel","url":"\/55.1-1235\/","token":"55.1\/III\/12\/4\/55.1-1235","metadata":false},{"id":68972,"structure_id":15022,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","url":"\/55.1-1236\/","token":"55.1\/III\/12\/4\/55.1-1236","metadata":false},{"id":65508,"structure_id":15022,"section_number":"55.1-1237","catch_line":"Notice to tenant in event of foreclosure","url":"\/55.1-1237\/","token":"55.1\/III\/12\/4\/55.1-1237","metadata":false},{"id":76367,"structure_id":15022,"section_number":"55.1-1238","catch_line":"Failure to deliver possession","url":"\/55.1-1238\/","token":"55.1\/III\/12\/4\/55.1-1238","metadata":false},{"id":63674,"structure_id":15022,"section_number":"55.1-1239","catch_line":"Wrongful failure to supply an essential service","url":"\/55.1-1239\/","token":"55.1\/III\/12\/4\/55.1-1239","metadata":false},{"id":69167,"structure_id":15022,"section_number":"55.1-1240","catch_line":"Fire or casualty damage","url":"\/55.1-1240\/","token":"55.1\/III\/12\/4\/55.1-1240","metadata":false},{"id":78917,"structure_id":15022,"section_number":"55.1-1241","catch_line":"Landlord's noncompliance as defense to action for possession for nonpayment of rent","url":"\/55.1-1241\/","token":"55.1\/III\/12\/4\/55.1-1241","metadata":false},{"id":77626,"structure_id":15022,"section_number":"55.1-1242","catch_line":"Rent escrow required for continuance of tenant's case","url":"\/55.1-1242\/","token":"55.1\/III\/12\/4\/55.1-1242","metadata":false},{"id":66990,"structure_id":15022,"section_number":"55.1-1243","catch_line":"Repealed","url":"\/55.1-1243\/","token":"55.1\/III\/12\/4\/55.1-1243","metadata":false},{"id":59240,"structure_id":15022,"section_number":"55.1-1243.1","catch_line":"Tenant's remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe","url":"\/55.1-1243.1\/","token":"55.1\/III\/12\/4\/55.1-1243.1","metadata":false},{"id":57281,"structure_id":15022,"section_number":"55.1-1243.2","catch_line":"Tenant's remedies for exclusion from dwelling unit due to condemnation","url":"\/55.1-1243.2\/","token":"55.1\/III\/12\/4\/55.1-1243.2","metadata":false},{"id":69403,"structure_id":15022,"section_number":"55.1-1244","catch_line":"Tenant's assertion; rent escrow","url":"\/55.1-1244\/","token":"55.1\/III\/12\/4\/55.1-1244","metadata":false},{"id":58681,"structure_id":15022,"section_number":"55.1-1244.1","catch_line":"Tenant's remedy by repair","url":"\/55.1-1244.1\/","token":"55.1\/III\/12\/4\/55.1-1244.1","metadata":false}],"previous_section":{"id":68972,"structure_id":15022,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","url":"\/55.1-1236\/","token":"55.1\/III\/12\/4\/55.1-1236","metadata":false},"next_section":{"id":76367,"structure_id":15022,"section_number":"55.1-1238","catch_line":"Failure to deliver possession","url":"\/55.1-1238\/","token":"55.1\/III\/12\/4\/55.1-1238","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1237\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapter 221<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2019, chapter 712<\/a>.<\/p>","references":[{"id":65659,"section_number":"54.1-2108.1","catch_line":"Protection of escrow funds, etc., held by a real estate broker in the event of foreclosure of real property; required deposits","order_by":null,"url":"\/54.1-2108.1\/"}],"refers_to":[{"id":69095,"section_number":"55.1-1202","catch_line":"Notice","order_by":null,"url":"\/55.1-1202\/"},{"id":69403,"section_number":"55.1-1244","catch_line":"Tenant's assertion; rent escrow","order_by":null,"url":"\/55.1-1244\/"},{"id":60662,"section_number":"55.1-1245","catch_line":"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty","order_by":null,"url":"\/55.1-1245\/"}],"permalink":{"id":246059,"object_type":"law","relational_id":65508,"identifier":"55.1-1237","token":"55.1\/III\/12\/4\/55.1-1237","url":"\/55.1-1237\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1237\/","token":"55.1\/III\/12\/4\/55.1-1237","dublin_core":{"Title":"Notice to tenant in event of foreclosure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1237","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The landlord<\/span> of a dwelling unit<\/span> used as a single-family residence<\/span> shall give written notice<\/span> to the tenant<\/span> or any prospective tenant<\/span> of such dwelling unit<\/span> that the landlord<\/span> has received a notice of a mortgage default<\/span>, mortgage acceleration, or foreclosure sale relative to the loan on the dwelling unit<\/span> within five business days after written notice<\/span> from the lender is received by the landlord<\/span>. This requirement shall not apply (i) to any managing agent<\/span> who does not receive a copy of such written notice<\/span> from the lender or (ii) if the tenant<\/span> or prospective tenant<\/span> provides a copy of the written notice<\/span> from the lender to the landlord<\/span> or the managing agent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the landlord<\/span> fails to provide the notice required by this section, the tenant<\/span> shall have the right to terminate the rental agreement<\/span> upon written notice<\/span> to the landlord<\/span> at least five business days prior to the effective date of termination. If the tenant<\/span> terminates the rental agreement<\/span>, the landlord<\/span> shall make disposition<\/span> of the tenant<\/span>’s security deposit<\/span> in accordance with law<\/span> or the provisions of the rental agreement<\/span>, whichever is applicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the dwelling unit<\/span> is foreclosed upon and there is a tenant<\/span> in such dwelling unit<\/span> on the date of the foreclosure sale, the successor in interest who acquires the dwelling unit<\/span> at the foreclosure sale shall assume such interest subject to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the successor in interest acquires the dwelling unit<\/span> for the purpose of occupying such unit as his primary residence, the successor in interest shall provide written notice<\/span> to the tenant<\/span>, in accordance with the provisions of § 55.1-1202<\/a>, notifying the tenant<\/span> that the rental agreement<\/span> is terminated and that the tenant<\/span> must vacate the dwelling unit<\/span> on a date not less than 90 days after the date of such written notice<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the successor in interest acquires the dwelling unit<\/span> for any other purpose, the successor in interest shall acquire the dwelling unit<\/span> subject to the rental agreement<\/span> and the tenant<\/span> shall be permitted to occupy the dwelling unit<\/span> for the remaining term of the lease, provided, however, that the successor in interest may terminate the rental agreement<\/span> pursuant to § 55.1-1245<\/a> or the terms of the rental agreement<\/span>. The successor in interest shall provide written notice<\/span> to the tenant<\/span>, in accordance with the provisions of § 55.1-1202<\/a>, informing the tenant<\/span> of such.\n\t\t\t\tThe terms of the terminated rental agreement<\/span> remain in effect except that the tenant<\/span> shall make rental payments (i) to the successor owner<\/span> as directed in a written notice<\/span> to the tenant<\/span> in this subsection; (ii) to the managing agent<\/span> of the owner<\/span>, if any, or successor owner<\/span>; or (iii) into a court<\/span> escrow account pursuant to the provisions of § 55.1-1244<\/a>; however, there is no obligation of a tenant<\/span> to file a tenant<\/span>’s assertion and pay rent<\/span> into escrow. Where there is not a managing agent<\/span> designated in the rental agreement<\/span>, the tenant<\/span> shall remain obligated for payment of the rent<\/span> but shall not be held to be delinquent or assessed a late charge until the successor owner<\/span> provides written notice<\/span> identifying the name, address, and telephone number of the party<\/span> to which the rent<\/span> should be paid. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE TO TENANT IN EVENT OF FORECLOSURE (\u00a7 55.1-1237)\n\nA. The landlord of a dwelling unit used as a single-family residence shall give\nwritten notice to the tenant or any prospective tenant of such dwelling unit\nthat the landlord has received a notice of a mortgage default, mortgage\nacceleration, or foreclosure sale relative to the loan on the dwelling unit\nwithin five business days after written notice from the lender is received by\nthe landlord. This requirement shall not apply (i) to any managing agent who\ndoes not receive a copy of such written notice from the lender or (ii) if the\ntenant or prospective tenant provides a copy of the written notice from the\nlender to the landlord or the managing agent.\n\nB. If the landlord fails to provide the notice required by this section, the\ntenant shall have the right to terminate the rental agreement upon written\nnotice to the landlord at least five business days prior to the effective date\nof termination. If the tenant terminates the rental agreement, the landlord\nshall make disposition of the tenant’s security deposit in accordance with\nlaw or the provisions of the rental agreement, whichever is applicable.\n\nC. If the dwelling unit is foreclosed upon and there is a tenant in such\ndwelling unit on the date of the foreclosure sale, the successor in interest who\nacquires the dwelling unit at the foreclosure sale shall assume such interest\nsubject to the following:\n\n 1. If the successor in interest acquires the dwelling unit for the purpose of\n occupying such unit as his primary residence, the successor in interest shall\n provide written notice to the tenant, in accordance with the provisions of\n § 55.1-1202, notifying the tenant that the rental agreement is terminated\n and that the tenant must vacate the dwelling unit on a date not less than 90\n days after the date of such written notice.\n\n 2. If the successor in interest acquires the dwelling unit for any other\n purpose, the successor in interest shall acquire the dwelling unit subject to\n the rental agreement and the tenant shall be permitted to occupy the dwelling\n unit for the remaining term of the lease, provided, however, that the\n successor in interest may terminate the rental agreement pursuant to §\n 55.1-1245 or the terms of the rental agreement. The successor in interest\n shall provide written notice to the tenant, in accordance with the provisions\n of § 55.1-1202, informing the tenant of such.\n \t\t\t\tThe terms of the terminated rental agreement remain in effect except that\n the tenant shall make rental payments (i) to the successor owner as directed\n in a written notice to the tenant in this subsection; (ii) to the managing\n agent of the owner, if any, or successor owner; or (iii) into a court escrow\n account pursuant to the provisions of § 55.1-1244; however, there is no\n obligation of a tenant to file a tenant’s assertion and pay rent into\n escrow. Where there is not a managing agent designated in the rental\n agreement, the tenant shall remain obligated for payment of the rent but shall\n not be held to be delinquent or assessed a late charge until the successor\n owner provides written notice identifying the name, address, and telephone\n number of the party to which the rent should be paid.\n\nHISTORY: 2018, c. 221, \u00a7 55-248.21:3; 2019, c. 712; 2021, Sp. Sess. I, c. 426.","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}}