{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1245.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1245.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1245.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1245.html"}],"law_id":60662,"edition_id":1,"section_id":60662,"structure_id":14101,"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","history":"1974, c. 680, \u00a7 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, cc. 808, 883; 2006, cc. 628, 717; 2007, c. 273; 2008, c. 489; 2013, c. 563; 2014, c. 813; 2017, c. 730; 2019, c. 712; 2020, Sp. Sess. I, cc. 46, 47; 2025, cc. 684, 688.","full_text":"A\n\nExcept as otherwise provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a violation of &#xA7; 55.1-1227 materially affecting health and safety, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 21 days and that the rental agreement shall terminate as provided in the notice.B\n\nIf the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate.C\n\nIf the tenant commits a breach that is not remediable, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice. Notwithstanding anything to the contrary, when a breach of the tenant&#8217;s obligations under this chapter or the rental agreement involves or constitutes a criminal or a willful act that is not remediable and that poses a threat to health or safety, the landlord may terminate the rental agreement immediately and proceed to obtain possession of the premises. For purposes of this subsection, any illegal drug activity involving a controlled substance, as used or defined by the Drug Control Act (&#xA7; 54.1-3400 et seq.), or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, by the tenant, an authorized occupant, or a guest or invitee of the tenant shall constitute an immediate nonremediable violation for which the landlord may proceed to terminate the tenancy without the necessity of waiting for a conviction of any criminal offense that may arise out of the same actions. In order to obtain an order of possession from a court of competent jurisdiction terminating the tenancy for illegal drug activity or for any other activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, the landlord shall prove any such violations by a preponderance of the evidence. However, where the illegal drug activity or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety is engaged in by an authorized occupant or a guest or invitee of the tenant, the tenant shall be presumed to have knowledge of such activities unless the presumption is rebutted by a preponderance of the evidence. The initial hearing on the landlord&#8217;s action for immediate possession of the premises shall be held within 15 calendar days from the date of service on the tenant; however, the court shall order an earlier hearing when emergency conditions are alleged to exist upon the premises that constitute an immediate threat to the health or safety of the other tenants. After the initial hearing, if the matter is scheduled for a subsequent hearing or for a contested trial, the court, to the extent practicable, shall order that the matter be given priority on the court&#8217;s docket. Such subsequent hearing or contested trial shall be heard 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 contested trial, the court may afford any further remedy or relief as is necessary to protect the interests of parties to the proceeding or the interests of any other tenant residing on the premises. Failure by the court to hold either of the hearings within the time limits set out in this section shall not be a basis for dismissal of the case.D\n\nIf the tenant is a victim of family abuse as defined in &#xA7; 16.1-228 that occurred in the dwelling unit or on the premises and the perpetrator is barred from the dwelling unit pursuant to &#xA7; 55.1-1246 on the basis of information provided by the tenant to the landlord, or by a protective order from a court of competent jurisdiction pursuant to &#xA7; 16.1-253.1 or 16.1-279.1 or subsection B of &#xA7; 20-103, the lease shall not terminate solely due to an act of family abuse against the tenant. However, these provisions shall not be applicable if (i) the tenant fails to provide written documentation corroborating the tenant&#8217;s status as a victim of family abuse and the exclusion from the dwelling unit of the perpetrator no later than 21 days from the alleged offense or (ii) the perpetrator returns to the dwelling unit or the premises, in violation of a bar notice, and the tenant fails to promptly notify the landlord within 24 hours that the perpetrator has returned to the dwelling unit or the premises, unless the tenant proves by a preponderance of the evidence that the tenant had no actual knowledge that the 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 of the other co-tenants, authorized occupants, or guests or invitees pursuant to &#xA7; 55.1-1227 and is subject to termination of the tenancy pursuant to the lease and this chapter.E\n\nIf the tenant has been served with a prior written notice that required the tenant to remedy a breach, and the tenant remedied such breach, where the tenant intentionally commits a subsequent breach of a like nature as the prior breach, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the subsequent breach, make reference to the prior breach of a like nature, and state that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice.F\n\nIf rent is unpaid when due, and the tenant fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord&#8217;s intention to terminate the rental agreement if the rent is not paid within the five-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in &#xA7; 55.1-1251. If a check for rent is delivered to the landlord drawn on an account with insufficient funds, or if an electronic funds transfer has been rejected because of insufficient funds or a stop-payment order has been placed in bad faith by the authorizing party, and the tenant fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment and of the landlord&#8217;s intention to terminate the rental agreement if the rent is not paid by cash, cashier&#8217;s check, certified check, or a completed electronic funds transfer within the five-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in &#xA7; 55.1-1251. Nothing shall be construed to prevent a landlord from seeking an award of costs or attorney fees under &#xA7; 8.01-27.1 or civil recovery under &#xA7; 8.01-27.2, as a part of other damages requested on the unlawful detainer filed pursuant to &#xA7; 8.01-126, provided that the landlord has given notice in accordance with &#xA7; 55.1-1202, which notice may be included in the five-day termination notice provided in accordance with this section.G\n\nIf a public housing authority issues a notice of nonpayment of rent to a tenant, such public housing authority shall also provide to the tenant along with the notice of nonpayment written information printed on pink or orange paper explaining how the tenant may recertify the tenant&#8217;s income, including how the tenant can, in accordance with federal law and policy, report changes in income, request a minimum rent hardship exemption, and file grievances. Such information shall be posted by the public housing authority in conspicuous locations in each public housing community under its authority.H\n\nExcept as otherwise provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or &#xA7; 55.1-1227. In the event of a breach of the rental agreement or noncompliance by the tenant, the landlord shall be entitled to recover from the tenant the following, regardless of whether a lawsuit is filed or an order is obtained from a court: (i) rent due and owing as contracted for in the rental agreement, (ii) other charges and fees as contracted for in the rental agreement, (iii) late charges contracted for in the rental agreement, (iv) reasonable attorney fees as contracted for in the rental agreement or as provided by law, (v) costs of the proceeding as contracted for in the rental agreement or as provided by law only if court action has been filed, and (vi) damages to the dwelling unit or premises as contracted for in the rental agreement.I\n\nIn a case where a lawsuit is pending before the court upon a breach of the rental agreement or noncompliance by the tenant and the landlord prevails, the court shall award a money judgment to the landlord and against the tenant for the relief requested, which may include the following: (i) rent due and owing as of the court date as contracted for in the rental agreement; (ii) other charges and fees as contracted for in the rental agreement; (iii) late charges contracted for in the rental agreement; (iv) reasonable attorney fees as contracted for in the rental agreement or as provided by law, unless in any such action the tenant proves by a preponderance of the evidence that the tenant&#8217;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 the dwelling unit or premises.","order_by":null,"text":{"0":{"id":221705,"text":"Except as otherwise provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a violation of &#xA7; 55.1-1227 materially affecting health and safety, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 21 days and that the rental agreement shall terminate as provided in the notice.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221706,"text":"If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221707,"text":"If the tenant commits a breach that is not remediable, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice. Notwithstanding anything to the contrary, when a breach of the tenant&#8217;s obligations under this chapter or the rental agreement involves or constitutes a criminal or a willful act that is not remediable and that poses a threat to health or safety, the landlord may terminate the rental agreement immediately and proceed to obtain possession of the premises. For purposes of this subsection, any illegal drug activity involving a controlled substance, as used or defined by the Drug Control Act (&#xA7; 54.1-3400 et seq.), or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, by the tenant, an authorized occupant, or a guest or invitee of the tenant shall constitute an immediate nonremediable violation for which the landlord may proceed to terminate the tenancy without the necessity of waiting for a conviction of any criminal offense that may arise out of the same actions. In order to obtain an order of possession from a court of competent jurisdiction terminating the tenancy for illegal drug activity or for any other activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, the landlord shall prove any such violations by a preponderance of the evidence. However, where the illegal drug activity or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety is engaged in by an authorized occupant or a guest or invitee of the tenant, the tenant shall be presumed to have knowledge of such activities unless the presumption is rebutted by a preponderance of the evidence. The initial hearing on the landlord&#8217;s action for immediate possession of the premises shall be held within 15 calendar days from the date of service on the tenant; however, the court shall order an earlier hearing when emergency conditions are alleged to exist upon the premises that constitute an immediate threat to the health or safety of the other tenants. After the initial hearing, if the matter is scheduled for a subsequent hearing or for a contested trial, the court, to the extent practicable, shall order that the matter be given priority on the court&#8217;s docket. Such subsequent hearing or contested trial shall be heard 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 contested trial, the court may afford any further remedy or relief as is necessary to protect the interests of parties to the proceeding or the interests of any other tenant residing on the premises. Failure by the court to hold either of the hearings within the time limits set out in this section shall not be a basis for dismissal of the case.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":221708,"text":"If the tenant is a victim of family abuse as defined in &#xA7; 16.1-228 that occurred in the dwelling unit or on the premises and the perpetrator is barred from the dwelling unit pursuant to &#xA7; 55.1-1246 on the basis of information provided by the tenant to the landlord, or by a protective order from a court of competent jurisdiction pursuant to &#xA7; 16.1-253.1 or 16.1-279.1 or subsection B of &#xA7; 20-103, the lease shall not terminate solely due to an act of family abuse against the tenant. However, these provisions shall not be applicable if (i) the tenant fails to provide written documentation corroborating the tenant&#8217;s status as a victim of family abuse and the exclusion from the dwelling unit of the perpetrator no later than 21 days from the alleged offense or (ii) the perpetrator returns to the dwelling unit or the premises, in violation of a bar notice, and the tenant fails to promptly notify the landlord within 24 hours that the perpetrator has returned to the dwelling unit or the premises, unless the tenant proves by a preponderance of the evidence that the tenant had no actual knowledge that the 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 of the other co-tenants, authorized occupants, or guests or invitees pursuant to &#xA7; 55.1-1227 and is subject to termination of the tenancy pursuant to the lease and this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":221709,"text":"If the tenant has been served with a prior written notice that required the tenant to remedy a breach, and the tenant remedied such breach, where the tenant intentionally commits a subsequent breach of a like nature as the prior breach, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the subsequent breach, make reference to the prior breach of a like nature, and state that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":221710,"text":"If rent is unpaid when due, and the tenant fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord&#8217;s intention to terminate the rental agreement if the rent is not paid within the five-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in &#xA7; 55.1-1251. If a check for rent is delivered to the landlord drawn on an account with insufficient funds, or if an electronic funds transfer has been rejected because of insufficient funds or a stop-payment order has been placed in bad faith by the authorizing party, and the tenant fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment and of the landlord&#8217;s intention to terminate the rental agreement if the rent is not paid by cash, cashier&#8217;s check, certified check, or a completed electronic funds transfer within the five-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in &#xA7; 55.1-1251. Nothing shall be construed to prevent a landlord from seeking an award of costs or attorney fees under &#xA7; 8.01-27.1 or civil recovery under &#xA7; 8.01-27.2, as a part of other damages requested on the unlawful detainer filed pursuant to &#xA7; 8.01-126, provided that the landlord has given notice in accordance with &#xA7; 55.1-1202, which notice may be included in the five-day termination notice provided in accordance with this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":221711,"text":"If a public housing authority issues a notice of nonpayment of rent to a tenant, such public housing authority shall also provide to the tenant along with the notice of nonpayment written information printed on pink or orange paper explaining how the tenant may recertify the tenant&#8217;s income, including how the tenant can, in accordance with federal law and policy, report changes in income, request a minimum rent hardship exemption, and file grievances. Such information shall be posted by the public housing authority in conspicuous locations in each public housing community under its authority.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":221712,"text":"Except as otherwise provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or &#xA7; 55.1-1227. In the event of a breach of the rental agreement or noncompliance by the tenant, the landlord shall be entitled to recover from the tenant the following, regardless of whether a lawsuit is filed or an order is obtained from a court: (i) rent due and owing as contracted for in the rental agreement, (ii) other charges and fees as contracted for in the rental agreement, (iii) late charges contracted for in the rental agreement, (iv) reasonable attorney fees as contracted for in the rental agreement or as provided by law, (v) costs of the proceeding as contracted for in the rental agreement or as provided by law only if court action has been filed, and (vi) damages to the dwelling unit or premises as contracted for in the rental agreement.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":221713,"text":"In a case where a lawsuit is pending before the court upon a breach of the rental agreement or noncompliance by the tenant and the landlord prevails, the court shall award a money judgment to the landlord and against the tenant for the relief requested, which may include the following: (i) rent due and owing as of the court date as contracted for in the rental agreement; (ii) other charges and fees as contracted for in the rental agreement; (iii) late charges contracted for in the rental agreement; (iv) reasonable attorney fees as contracted for in the rental agreement or as provided by law, unless in any such action the tenant proves by a preponderance of the evidence that the tenant&#8217;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 the dwelling unit or premises.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":14101,"edition_id":1,"name":"Landlord Remedies","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":246103,"object_type":"structure","relational_id":14101,"identifier":"5","token":"55.1\/III\/12\/5","url":"\/55.1\/III\/12\/5\/","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":60662,"structure_id":14101,"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","url":"\/55.1-1245\/","token":"55.1\/III\/12\/5\/55.1-1245","metadata":false},{"id":55231,"structure_id":14101,"section_number":"55.1-1246","catch_line":"Barring guest or invitee of a tenant","url":"\/55.1-1246\/","token":"55.1\/III\/12\/5\/55.1-1246","metadata":false},{"id":58862,"structure_id":14101,"section_number":"55.1-1247","catch_line":"Sheriffs authorized to serve certain notices; fee for service","url":"\/55.1-1247\/","token":"55.1\/III\/12\/5\/55.1-1247","metadata":false},{"id":77115,"structure_id":14101,"section_number":"55.1-1248","catch_line":"Remedy by repair, etc.; emergencies","url":"\/55.1-1248\/","token":"55.1\/III\/12\/5\/55.1-1248","metadata":false},{"id":80239,"structure_id":14101,"section_number":"55.1-1249","catch_line":"Remedies for absence, nonuse, and abandonment","url":"\/55.1-1249\/","token":"55.1\/III\/12\/5\/55.1-1249","metadata":false},{"id":85575,"structure_id":14101,"section_number":"55.1-1250","catch_line":"Landlord's acceptance of rent with reservation; tenant's right of redemption","url":"\/55.1-1250\/","token":"55.1\/III\/12\/5\/55.1-1250","metadata":false},{"id":86328,"structure_id":14101,"section_number":"55.1-1251","catch_line":"Remedy after termination","url":"\/55.1-1251\/","token":"55.1\/III\/12\/5\/55.1-1251","metadata":false},{"id":85283,"structure_id":14101,"section_number":"55.1-1252","catch_line":"Recovery of possession limited","url":"\/55.1-1252\/","token":"55.1\/III\/12\/5\/55.1-1252","metadata":false},{"id":61089,"structure_id":14101,"section_number":"55.1-1253","catch_line":"Periodic tenancy; holdover remedies","url":"\/55.1-1253\/","token":"55.1\/III\/12\/5\/55.1-1253","metadata":false},{"id":69130,"structure_id":14101,"section_number":"55.1-1254","catch_line":"Disposal of property abandoned by tenants","url":"\/55.1-1254\/","token":"55.1\/III\/12\/5\/55.1-1254","metadata":false},{"id":80063,"structure_id":14101,"section_number":"55.1-1255","catch_line":"Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale","url":"\/55.1-1255\/","token":"55.1\/III\/12\/5\/55.1-1255","metadata":false},{"id":57030,"structure_id":14101,"section_number":"55.1-1256","catch_line":"Disposal of property of deceased tenants","url":"\/55.1-1256\/","token":"55.1\/III\/12\/5\/55.1-1256","metadata":false},{"id":57532,"structure_id":14101,"section_number":"55.1-1257","catch_line":"Who may recover rent or possession","url":"\/55.1-1257\/","token":"55.1\/III\/12\/5\/55.1-1257","metadata":false}],"next_section":{"id":55231,"structure_id":14101,"section_number":"55.1-1246","catch_line":"Barring guest or invitee of a tenant","url":"\/55.1-1246\/","token":"55.1\/III\/12\/5\/55.1-1246","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1245\/","history_text":"<p>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 20 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 1978, chapter 378; in 1980, chapter 502; in 1982, chapter 260; in 1984, chapter 78; in 1987, chapter 387; in 1988, chapter 62; in 1989, chapter 301; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0580\">580<\/a>; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0760\">760<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0363\">363<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0232\">232<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0808\">808<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0883\">883<\/a>; in 2006, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0628\">628<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0717\">717<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0273\">273<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0489\">489<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0563\">563<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0813\">813<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0730\">730<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>; in 2025, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0684\">684<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0688\">688<\/a>.<\/p>","references":[{"id":84650,"section_number":"16.1-88","catch_line":"Procedure when plaintiff sues on sworn claim","order_by":null,"url":"\/16.1-88\/"},{"id":65129,"section_number":"44-209","catch_line":"Closure of United States government; civil relief for furloughed employees and contractors","order_by":null,"url":"\/44-209\/"},{"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\/"},{"id":81763,"section_number":"55.1-1209","catch_line":"Confidentiality of tenant records","order_by":null,"url":"\/55.1-1209\/"},{"id":62503,"section_number":"55.1-1223","catch_line":"Notice to tenants for insecticide or pesticide use","order_by":null,"url":"\/55.1-1223\/"},{"id":65508,"section_number":"55.1-1237","catch_line":"Notice to tenant in event of foreclosure","order_by":null,"url":"\/55.1-1237\/"},{"id":58862,"section_number":"55.1-1247","catch_line":"Sheriffs authorized to serve certain notices; fee for service","order_by":null,"url":"\/55.1-1247\/"},{"id":85575,"section_number":"55.1-1250","catch_line":"Landlord's acceptance of rent with reservation; tenant's right of redemption","order_by":null,"url":"\/55.1-1250\/"},{"id":86328,"section_number":"55.1-1251","catch_line":"Remedy after termination","order_by":null,"url":"\/55.1-1251\/"},{"id":56320,"section_number":"8.01-126","catch_line":"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court","order_by":null,"url":"\/8.01-126\/"},{"id":69072,"section_number":"8.01-27.2","catch_line":"Civil recovery for giving bad check","order_by":null,"url":"\/8.01-27.2\/"},{"id":76858,"section_number":"8.01-28","catch_line":"When judgment to be given in action upon contract or note unless defendant appears and denies claim under oath","order_by":null,"url":"\/8.01-28\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":61705,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","order_by":null,"url":"\/16.1-253.1\/"},{"id":62456,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","order_by":null,"url":"\/16.1-279.1\/"},{"id":84768,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","order_by":null,"url":"\/20-103\/"},{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"},{"id":69095,"section_number":"55.1-1202","catch_line":"Notice","order_by":null,"url":"\/55.1-1202\/"},{"id":63220,"section_number":"55.1-1227","catch_line":"Tenant to maintain dwelling unit","order_by":null,"url":"\/55.1-1227\/"},{"id":55231,"section_number":"55.1-1246","catch_line":"Barring guest or invitee of a tenant","order_by":null,"url":"\/55.1-1246\/"},{"id":86328,"section_number":"55.1-1251","catch_line":"Remedy after termination","order_by":null,"url":"\/55.1-1251\/"},{"id":56320,"section_number":"8.01-126","catch_line":"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court","order_by":null,"url":"\/8.01-126\/"},{"id":68293,"section_number":"8.01-27.1","catch_line":"Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers","order_by":null,"url":"\/8.01-27.1\/"},{"id":69072,"section_number":"8.01-27.2","catch_line":"Civil recovery for giving bad check","order_by":null,"url":"\/8.01-27.2\/"}],"permalink":{"id":246105,"object_type":"law","relational_id":60662,"identifier":"55.1-1245","token":"55.1\/III\/12\/5\/55.1-1245","url":"\/55.1-1245\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1245\/","token":"55.1\/III\/12\/5\/55.1-1245","dublin_core":{"Title":"(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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1245","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as otherwise provided in this chapter, if there is a <span class=\"dictionary\">material<\/span> noncompliance by the <span class=\"dictionary\">tenant<\/span> with the <span class=\"dictionary\">rental agreement<\/span> or a violation of &#xA7; <a class=\"law\" title=\"Tenant to maintain dwelling unit\" href=\"\/55.1-1227\/\">55.1-1227<\/a> materially affecting health and safety, the <span class=\"dictionary\">landlord<\/span> may serve a <span class=\"dictionary\">written notice<\/span> on the <span class=\"dictionary\">tenant<\/span> specifying the acts and omissions constituting the breach and stating that the <span class=\"dictionary\">rental agreement<\/span> will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 21 days and that the <span class=\"dictionary\">rental agreement<\/span> shall terminate as provided in the notice. <a id=\"paragraph-221705\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1245\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If the breach is remediable by repairs or the payment of <span class=\"dictionary\">damages<\/span> or otherwise and the <span class=\"dictionary\">tenant<\/span> adequately remedies the breach prior to the date specified in the notice, the <span class=\"dictionary\">rental agreement<\/span> shall not terminate. <a id=\"paragraph-221706\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1245\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> If the <span class=\"dictionary\">tenant<\/span> commits a breach that is not remediable, the <span class=\"dictionary\">landlord<\/span> may serve a <span class=\"dictionary\">written notice<\/span> on the <span class=\"dictionary\">tenant<\/span> specifying the acts and omissions constituting the breach and stating that the <span class=\"dictionary\">rental agreement<\/span> will terminate upon a date not less than 30 days after receipt of the notice. Notwithstanding anything to the contrary, when a breach of the <span class=\"dictionary\">tenant<\/span>&#8217;s obligations under this chapter or the <span class=\"dictionary\">rental agreement<\/span> involves or constitutes a criminal or a willful act that is not remediable and that poses a threat to health or safety, the <span class=\"dictionary\">landlord<\/span> may terminate the <span class=\"dictionary\">rental agreement<\/span> immediately and proceed to obtain <span class=\"dictionary\">possession<\/span> of the <span class=\"dictionary\">premises<\/span>. For purposes of this subsection, any illegal drug activity involving a controlled substance, as used or defined by the Drug Control Act (&#xA7; <a class=\"law\" title=\"Citation\" href=\"\/54.1-3400\/\">54.1-3400<\/a> et seq.), or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, by the <span class=\"dictionary\">tenant<\/span>, an <span class=\"dictionary\">authorized occupant<\/span>, or a <span class=\"dictionary\">guest or invitee<\/span> of the <span class=\"dictionary\">tenant<\/span> shall constitute an immediate nonremediable violation for which the <span class=\"dictionary\">landlord<\/span> may proceed to terminate the tenancy without the necessity of waiting for a <span class=\"dictionary\">conviction<\/span> of any criminal <span class=\"dictionary\">offense<\/span> that may arise out of the same <span class=\"dictionary\">actions<\/span>. In <span class=\"dictionary\">order<\/span> to obtain an <span class=\"dictionary\">order<\/span> of <span class=\"dictionary\">possession<\/span> from a <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span> terminating the tenancy for illegal drug activity or for any other activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, the <span class=\"dictionary\">landlord<\/span> shall prove any such violations by a <span class=\"dictionary\">preponderance of the evidence<\/span>. However, where the illegal drug activity or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety is engaged in by an <span class=\"dictionary\">authorized occupant<\/span> or a <span class=\"dictionary\">guest or invitee<\/span> of the <span class=\"dictionary\">tenant<\/span>, the <span class=\"dictionary\">tenant<\/span> shall be presumed to have knowledge of such activities unless the <span class=\"dictionary\">presumption<\/span> is rebutted by a <span class=\"dictionary\">preponderance of the evidence<\/span>. The initial <span class=\"dictionary\">hearing<\/span> on the <span class=\"dictionary\">landlord<\/span>&#8217;s <span class=\"dictionary\">action<\/span> for immediate <span class=\"dictionary\">possession<\/span> of the <span class=\"dictionary\">premises<\/span> shall be held within 15 calendar days from the date of service on the <span class=\"dictionary\">tenant<\/span>; however, the <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">order<\/span> an earlier <span class=\"dictionary\">hearing<\/span> when emergency conditions are alleged to exist upon the <span class=\"dictionary\">premises<\/span> that constitute an immediate threat to the health or safety of the other <span class=\"dictionary\">tenants<\/span>. After the initial <span class=\"dictionary\">hearing<\/span>, if the matter is scheduled for a subsequent <span class=\"dictionary\">hearing<\/span> or for a contested <span class=\"dictionary\">trial<\/span>, the <span class=\"dictionary\">court<\/span>, to the extent practicable, shall <span class=\"dictionary\">order<\/span> that the matter be given priority on the <span class=\"dictionary\">court<\/span>&#8217;s <span class=\"dictionary\">docket<\/span>. Such subsequent <span class=\"dictionary\">hearing<\/span> or contested <span class=\"dictionary\">trial<\/span> shall be heard no later than 30 calendar days from the date of service on the <span class=\"dictionary\">tenant<\/span>. During the interim period between the date of the initial <span class=\"dictionary\">hearing<\/span> and the date of any subsequent <span class=\"dictionary\">hearing<\/span> or contested <span class=\"dictionary\">trial<\/span>, the <span class=\"dictionary\">court<\/span> may afford any further remedy or relief as is necessary to protect the interests of parties to the proceeding or the interests of any other <span class=\"dictionary\">tenant<\/span> residing on the <span class=\"dictionary\">premises<\/span>. Failure by the <span class=\"dictionary\">court<\/span> to hold either of the <span class=\"dictionary\">hearings<\/span> within the time limits set out in this section shall not be a basis for <span class=\"dictionary\">dismissal<\/span> of the case. <a id=\"paragraph-221707\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1245\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> If the <span class=\"dictionary\">tenant<\/span> is a victim of family abuse as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/16.1-228\/\">16.1-228<\/a> that occurred in the <span class=\"dictionary\">dwelling unit<\/span> or on the <span class=\"dictionary\">premises<\/span> and the perpetrator is barred from the <span class=\"dictionary\">dwelling unit<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Barring guest or invitee of a tenant\" href=\"\/55.1-1246\/\">55.1-1246<\/a> on the basis of information provided by the <span class=\"dictionary\">tenant<\/span> to the <span class=\"dictionary\">landlord<\/span>, or by a protective <span class=\"dictionary\">order<\/span> from a <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Preliminary protective orders in cases of family abuse; confidentiality\" href=\"\/16.1-253.1\/\">16.1-253.1<\/a> or <a class=\"law\" title=\"Protective order in cases of family abuse\" href=\"\/16.1-279.1\/\">16.1-279.1<\/a> or subsection B of &#xA7; <a class=\"law\" title=\"Court may make orders pending suit for divorce, custody or visitation, etc\" href=\"\/20-103\/\">20-103<\/a>, the lease shall not terminate solely due to an act of family abuse against the <span class=\"dictionary\">tenant<\/span>. However, these provisions shall not be applicable if (i) the <span class=\"dictionary\">tenant<\/span> fails to provide written documentation corroborating the <span class=\"dictionary\">tenant<\/span>&#8217;s status as a victim of family abuse and the exclusion from the <span class=\"dictionary\">dwelling unit<\/span> of the perpetrator no later than 21 days from the alleged <span class=\"dictionary\">offense<\/span> or (ii) the perpetrator returns to the <span class=\"dictionary\">dwelling unit<\/span> or the <span class=\"dictionary\">premises<\/span>, in violation of a bar notice, and the <span class=\"dictionary\">tenant<\/span> fails to promptly notify the <span class=\"dictionary\">landlord<\/span> within 24 hours that the perpetrator has returned to the <span class=\"dictionary\">dwelling unit<\/span> or the <span class=\"dictionary\">premises<\/span>, unless the <span class=\"dictionary\">tenant<\/span> proves by a <span class=\"dictionary\">preponderance of the evidence<\/span> that the <span class=\"dictionary\">tenant<\/span> had no actual knowledge that the perpetrator violated the bar notice, or it was not possible for the <span class=\"dictionary\">tenant<\/span> to notify the <span class=\"dictionary\">landlord<\/span> within 24 hours, in which case the <span class=\"dictionary\">tenant<\/span> shall promptly notify the <span class=\"dictionary\">landlord<\/span>, but in no event later than seven days. If the provisions of this subsection are not applicable, the <span class=\"dictionary\">tenant<\/span> shall remain responsible for the acts of the other co-<span class=\"dictionary\">tenants<\/span>, <span class=\"dictionary\">authorized occupants<\/span>, or guests or invitees pursuant to &#xA7; <a class=\"law\" title=\"Tenant to maintain dwelling unit\" href=\"\/55.1-1227\/\">55.1-1227<\/a> and is subject to termination of the tenancy pursuant to the lease and this chapter. <a id=\"paragraph-221708\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1245\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> If the <span class=\"dictionary\">tenant<\/span> has been served with a prior <span class=\"dictionary\">written notice<\/span> that required the <span class=\"dictionary\">tenant<\/span> to remedy a breach, and the <span class=\"dictionary\">tenant<\/span> remedied such breach, where the <span class=\"dictionary\">tenant<\/span> intentionally commits a subsequent breach of a like nature as the prior breach, the <span class=\"dictionary\">landlord<\/span> may serve a <span class=\"dictionary\">written notice<\/span> on the <span class=\"dictionary\">tenant<\/span> specifying the acts and omissions constituting the subsequent breach, make reference to the prior breach of a like nature, and state that the <span class=\"dictionary\">rental agreement<\/span> will terminate upon a date not less than 30 days after receipt of the notice. <a id=\"paragraph-221709\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1245\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> If <span class=\"dictionary\">rent<\/span> is unpaid when due, and the <span class=\"dictionary\">tenant<\/span> fails to pay <span class=\"dictionary\">rent<\/span> within five days after <span class=\"dictionary\">written notice<\/span> is served on him notifying the <span class=\"dictionary\">tenant<\/span> of his nonpayment, and of the <span class=\"dictionary\">landlord<\/span>&#8217;s intention to terminate the <span class=\"dictionary\">rental agreement<\/span> if the <span class=\"dictionary\">rent<\/span> is not paid within the five-day period, the <span class=\"dictionary\">landlord<\/span> may terminate the <span class=\"dictionary\">rental agreement<\/span> and proceed to obtain <span class=\"dictionary\">possession<\/span> of the <span class=\"dictionary\">premises<\/span> as provided in &#xA7; <a class=\"law\" title=\"Remedy after termination\" href=\"\/55.1-1251\/\">55.1-1251<\/a>. If a check for <span class=\"dictionary\">rent<\/span> is delivered to the <span class=\"dictionary\">landlord<\/span> drawn on an account with insufficient funds, or if an electronic funds transfer has been rejected because of insufficient funds or a stop-payment <span class=\"dictionary\">order<\/span> has been placed in bad faith by the authorizing <span class=\"dictionary\">party<\/span>, and the <span class=\"dictionary\">tenant<\/span> fails to pay <span class=\"dictionary\">rent<\/span> within five days after <span class=\"dictionary\">written notice<\/span> is served on him notifying the <span class=\"dictionary\">tenant<\/span> of his nonpayment and of the <span class=\"dictionary\">landlord<\/span>&#8217;s intention to terminate the <span class=\"dictionary\">rental agreement<\/span> if the <span class=\"dictionary\">rent<\/span> is not paid by cash, cashier&#8217;s check, certified check, or a completed electronic funds transfer within the five-day period, the <span class=\"dictionary\">landlord<\/span> may terminate the <span class=\"dictionary\">rental agreement<\/span> and proceed to obtain <span class=\"dictionary\">possession<\/span> of the <span class=\"dictionary\">premises<\/span> as provided in &#xA7; <a class=\"law\" title=\"Remedy after termination\" href=\"\/55.1-1251\/\">55.1-1251<\/a>. Nothing shall be construed to prevent a <span class=\"dictionary\">landlord<\/span> from seeking an award of costs or attorney fees under &#xA7; <a class=\"law\" title=\"Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers\" href=\"\/8.01-27.1\/\">8.01-27.1<\/a> or civil recovery under &#xA7; <a class=\"law\" title=\"Civil recovery for giving bad check\" href=\"\/8.01-27.2\/\">8.01-27.2<\/a>, as a part of other <span class=\"dictionary\">damages<\/span> requested on the <span class=\"dictionary\">unlawful detainer<\/span> filed pursuant to &#xA7; <a class=\"law\" title=\"Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court\" href=\"\/8.01-126\/\">8.01-126<\/a>, provided that the <span class=\"dictionary\">landlord<\/span> has given notice in accordance with &#xA7; <a class=\"law\" title=\"Notice\" href=\"\/55.1-1202\/\">55.1-1202<\/a>, which notice may be included in the five-day termination notice provided in accordance with this section. <a id=\"paragraph-221710\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1245\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> If a public housing authority <span class=\"dictionary\">issues<\/span> a notice of nonpayment of <span class=\"dictionary\">rent<\/span> to a <span class=\"dictionary\">tenant<\/span>, such public housing authority shall also provide to the <span class=\"dictionary\">tenant<\/span> along with the notice of nonpayment written information printed on pink or orange paper explaining how the <span class=\"dictionary\">tenant<\/span> may recertify the <span class=\"dictionary\">tenant<\/span>&#8217;s income, including how the <span class=\"dictionary\">tenant<\/span> can, in accordance with federal <span class=\"dictionary\">law<\/span> and policy, report changes in income, request a minimum <span class=\"dictionary\">rent<\/span> hardship exemption, and file grievances. Such information shall be posted by the public housing authority in conspicuous locations in each public housing community under its authority. <a id=\"paragraph-221711\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1245\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Except as otherwise provided in this chapter, the <span class=\"dictionary\">landlord<\/span> may recover <span class=\"dictionary\">damages<\/span> and obtain injunctive relief for any noncompliance by the <span class=\"dictionary\">tenant<\/span> with the <span class=\"dictionary\">rental agreement<\/span> or &#xA7; <a class=\"law\" title=\"Tenant to maintain dwelling unit\" href=\"\/55.1-1227\/\">55.1-1227<\/a>. In the event of a breach of the <span class=\"dictionary\">rental agreement<\/span> or noncompliance by the <span class=\"dictionary\">tenant<\/span>, the <span class=\"dictionary\">landlord<\/span> shall be entitled to recover from the <span class=\"dictionary\">tenant<\/span> the following, regardless of whether a <span class=\"dictionary\">lawsuit<\/span> is filed or an <span class=\"dictionary\">order<\/span> is obtained from a <span class=\"dictionary\">court<\/span>: (i) <span class=\"dictionary\">rent<\/span> due and owing as contracted for in the <span class=\"dictionary\">rental agreement<\/span>, (ii) other charges and fees as contracted for in the <span class=\"dictionary\">rental agreement<\/span>, (iii) late charges contracted for in the <span class=\"dictionary\">rental agreement<\/span>, (iv) reasonable attorney fees as contracted for in the <span class=\"dictionary\">rental agreement<\/span> or as provided by <span class=\"dictionary\">law<\/span>, (v) costs of the proceeding as contracted for in the <span class=\"dictionary\">rental agreement<\/span> or as provided by <span class=\"dictionary\">law<\/span> only if <span class=\"dictionary\">court<\/span> <span class=\"dictionary\">action<\/span> has been filed, and (vi) <span class=\"dictionary\">damages<\/span> to the <span class=\"dictionary\">dwelling unit<\/span> or <span class=\"dictionary\">premises<\/span> as contracted for in the <span class=\"dictionary\">rental agreement<\/span>. <a id=\"paragraph-221712\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1245\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> In a case where a <span class=\"dictionary\">lawsuit<\/span> is pending before the <span class=\"dictionary\">court<\/span> upon a breach of the <span class=\"dictionary\">rental agreement<\/span> or noncompliance by the <span class=\"dictionary\">tenant<\/span> and the <span class=\"dictionary\">landlord<\/span> prevails, the <span class=\"dictionary\">court<\/span> shall award a money <span class=\"dictionary\">judgment<\/span> to the <span class=\"dictionary\">landlord<\/span> and against the <span class=\"dictionary\">tenant<\/span> for the relief requested, which may include the following: (i) <span class=\"dictionary\">rent<\/span> due and owing as of the <span class=\"dictionary\">court<\/span> date as contracted for in the <span class=\"dictionary\">rental agreement<\/span>; (ii) other charges and fees as contracted for in the <span class=\"dictionary\">rental agreement<\/span>; (iii) late charges contracted for in the <span class=\"dictionary\">rental agreement<\/span>; (iv) reasonable attorney fees as contracted for in the <span class=\"dictionary\">rental agreement<\/span> or as provided by <span class=\"dictionary\">law<\/span>, unless in any such <span class=\"dictionary\">action<\/span> the <span class=\"dictionary\">tenant<\/span> proves by a <span class=\"dictionary\">preponderance of the evidence<\/span> that the <span class=\"dictionary\">tenant<\/span>&#8217;s failure to pay <span class=\"dictionary\">rent<\/span> or vacate was reasonable; (v) costs of the proceeding as contracted for in the <span class=\"dictionary\">rental agreement<\/span> or as provided by <span class=\"dictionary\">law<\/span>; and (vi) <span class=\"dictionary\">damages<\/span> to the <span class=\"dictionary\">dwelling unit<\/span> or <span class=\"dictionary\">premises<\/span>. <a id=\"paragraph-221713\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/55.1-1245\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n(EFFECTIVE THE LATER OF JULY 1, 2028, OR 7 YEARS AFTER THE COVID-19 PANDEMIC\nSTATE OF EMERGENCY EXPIRES) NONCOMPLIANCE WITH RENTAL AGREEMENT; MONETARY\nPENALTY (\u00a7 55.1-1245)\n\nA. Except as otherwise provided in this chapter, if there is a material\nnoncompliance by the tenant with the rental agreement or a violation of &#xA7;\n55.1-1227 materially affecting health and safety, the landlord may serve a\nwritten notice on the tenant specifying the acts and omissions constituting the\nbreach and stating that the rental agreement will terminate upon a date not less\nthan 30 days after receipt of the notice if the breach is not remedied in 21\ndays and that the rental agreement shall terminate as provided in the notice.\n\nB. If the breach is remediable by repairs or the payment of damages or otherwise\nand the tenant adequately remedies the breach prior to the date specified in the\nnotice, the rental agreement shall not terminate.\n\nC. If the tenant commits a breach that is not remediable, the landlord may serve\na written notice on the tenant specifying the acts and omissions constituting\nthe breach and stating that the rental agreement will terminate upon a date not\nless than 30 days after receipt of the notice. Notwithstanding anything to the\ncontrary, when a breach of the tenant&#8217;s obligations under this chapter or\nthe rental agreement involves or constitutes a criminal or a willful act that is\nnot remediable and that poses a threat to health or safety, the landlord may\nterminate the rental agreement immediately and proceed to obtain possession of\nthe premises. For purposes of this subsection, any illegal drug activity\ninvolving a controlled substance, as used or defined by the Drug Control Act\n(&#xA7; 54.1-3400 et seq.), or any activity that involves or constitutes a\ncriminal or willful act that also poses a threat to health and safety, by the\ntenant, an authorized occupant, or a guest or invitee of the tenant shall\nconstitute an immediate nonremediable violation for which the landlord may\nproceed to terminate the tenancy without the necessity of waiting for a\nconviction of any criminal offense that may arise out of the same actions. In\norder to obtain an order of possession from a court of competent jurisdiction\nterminating the tenancy for illegal drug activity or for any other activity that\ninvolves or constitutes a criminal or willful act that also poses a threat to\nhealth and safety, the landlord shall prove any such violations by a\npreponderance of the evidence. However, where the illegal drug activity or any\nactivity that involves or constitutes a criminal or willful act that also poses\na threat to health and safety is engaged in by an authorized occupant or a guest\nor invitee of the tenant, the tenant shall be presumed to have knowledge of such\nactivities unless the presumption is rebutted by a preponderance of the\nevidence. The initial hearing on the landlord&#8217;s action for immediate\npossession of the premises shall be held within 15 calendar days from the date\nof service on the tenant; however, the court shall order an earlier hearing when\nemergency conditions are alleged to exist upon the premises that constitute an\nimmediate threat to the health or safety of the other tenants. After the initial\nhearing, if the matter is scheduled for a subsequent hearing or for a contested\ntrial, the court, to the extent practicable, shall order that the matter be\ngiven priority on the court&#8217;s docket. Such subsequent hearing or contested\ntrial shall be heard no later than 30 calendar days from the date of service on\nthe tenant. During the interim period between the date of the initial hearing\nand the date of any subsequent hearing or contested trial, the court may afford\nany further remedy or relief as is necessary to protect the interests of parties\nto the proceeding or the interests of any other tenant residing on the premises.\nFailure by the court to hold either of the hearings within the time limits set\nout in this section shall not be a basis for dismissal of the case.\n\nD. If the tenant is a victim of family abuse as defined in &#xA7; 16.1-228 that\noccurred in the dwelling unit or on the premises and the perpetrator is barred\nfrom the dwelling unit pursuant to &#xA7; 55.1-1246 on the basis of information\nprovided by the tenant to the landlord, or by a protective order from a court of\ncompetent jurisdiction pursuant to &#xA7; 16.1-253.1 or 16.1-279.1 or subsection\nB of &#xA7; 20-103, the lease shall not terminate solely due to an act of family\nabuse against the tenant. However, these provisions shall not be applicable if\n(i) the tenant fails to provide written documentation corroborating the\ntenant&#8217;s status as a victim of family abuse and the exclusion from the\ndwelling unit of the perpetrator no later than 21 days from the alleged offense\nor (ii) the perpetrator returns to the dwelling unit or the premises, in\nviolation of a bar notice, and the tenant fails to promptly notify the landlord\nwithin 24 hours that the perpetrator has returned to the dwelling unit or the\npremises, unless the tenant proves by a preponderance of the evidence that the\ntenant had no actual knowledge that the perpetrator violated the bar notice, or\nit was not possible for the tenant to notify the landlord within 24 hours, in\nwhich case the tenant shall promptly notify the landlord, but in no event later\nthan seven days. If the provisions of this subsection are not applicable, the\ntenant shall remain responsible for the acts of the other co-tenants, authorized\noccupants, or guests or invitees pursuant to &#xA7; 55.1-1227 and is subject to\ntermination of the tenancy pursuant to the lease and this chapter.\n\nE. If the tenant has been served with a prior written notice that required the\ntenant to remedy a breach, and the tenant remedied such breach, where the tenant\nintentionally commits a subsequent breach of a like nature as the prior breach,\nthe landlord may serve a written notice on the tenant specifying the acts and\nomissions constituting the subsequent breach, make reference to the prior breach\nof a like nature, and state that the rental agreement will terminate upon a date\nnot less than 30 days after receipt of the notice.\n\nF. If rent is unpaid when due, and the tenant fails to pay rent within five days\nafter written notice is served on him notifying the tenant of his nonpayment,\nand of the landlord&#8217;s intention to terminate the rental agreement if the\nrent is not paid within the five-day period, the landlord may terminate the\nrental agreement and proceed to obtain possession of the premises as provided in\n&#xA7; 55.1-1251. If a check for rent is delivered to the landlord drawn on an\naccount with insufficient funds, or if an electronic funds transfer has been\nrejected because of insufficient funds or a stop-payment order has been placed\nin bad faith by the authorizing party, and the tenant fails to pay rent within\nfive days after written notice is served on him notifying the tenant of his\nnonpayment and of the landlord&#8217;s intention to terminate the rental\nagreement if the rent is not paid by cash, cashier&#8217;s check, certified\ncheck, or a completed electronic funds transfer within the five-day period, the\nlandlord may terminate the rental agreement and proceed to obtain possession of\nthe premises as provided in &#xA7; 55.1-1251. Nothing shall be construed to\nprevent a landlord from seeking an award of costs or attorney fees under &#xA7;\n8.01-27.1 or civil recovery under &#xA7; 8.01-27.2, as a part of other damages\nrequested on the unlawful detainer filed pursuant to &#xA7; 8.01-126, provided\nthat the landlord has given notice in accordance with &#xA7; 55.1-1202, which\nnotice may be included in the five-day termination notice provided in accordance\nwith this section.\n\nG. If a public housing authority issues a notice of nonpayment of rent to a\ntenant, such public housing authority shall also provide to the tenant along\nwith the notice of nonpayment written information printed on pink or orange\npaper explaining how the tenant may recertify the tenant&#8217;s income,\nincluding how the tenant can, in accordance with federal law and policy, report\nchanges in income, request a minimum rent hardship exemption, and file\ngrievances. Such information shall be posted by the public housing authority in\nconspicuous locations in each public housing community under its authority.\n\nH. Except as otherwise provided in this chapter, the landlord may recover\ndamages and obtain injunctive relief for any noncompliance by the tenant with\nthe rental agreement or &#xA7; 55.1-1227. In the event of a breach of the rental\nagreement or noncompliance by the tenant, the landlord shall be entitled to\nrecover from the tenant the following, regardless of whether a lawsuit is filed\nor an order is obtained from a court: (i) rent due and owing as contracted for\nin the rental agreement, (ii) other charges and fees as contracted for in the\nrental agreement, (iii) late charges contracted for in the rental agreement,\n(iv) reasonable attorney fees as contracted for in the rental agreement or as\nprovided by law, (v) costs of the proceeding as contracted for in the rental\nagreement or as provided by law only if court action has been filed, and (vi)\ndamages to the dwelling unit or premises as contracted for in the rental\nagreement.\n\nI. In a case where a lawsuit is pending before the court upon a breach of the\nrental agreement or noncompliance by the tenant and the landlord prevails, the\ncourt shall award a money judgment to the landlord and against the tenant for\nthe relief requested, which may include the following: (i) rent due and owing as\nof the court date as contracted for in the rental agreement; (ii) other charges\nand fees as contracted for in the rental agreement; (iii) late charges\ncontracted for in the rental agreement; (iv) reasonable attorney fees as\ncontracted for in the rental agreement or as provided by law, unless in any such\naction the tenant proves by a preponderance of the evidence that the\ntenant&#8217;s failure to pay rent or vacate was reasonable; (v) costs of the\nproceeding as contracted for in the rental agreement or as provided by law; and\n(vi) damages to the dwelling unit or premises.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.31; 1978, c. 378; 1980, c. 502; 1982, c. 260;\n1984, c. 78; 1987, c. 387; 1988, c. 62; 1989, c. 301; 1995, c. 580; 2000, c.\n760; 2003, c. 363; 2004, c. 232; 2005, cc. 808, 883; 2006, cc. 628, 717; 2007,\nc. 273; 2008, c. 489; 2013, c. 563; 2014, c. 813; 2017, c. 730; 2019, c. 712;\n2020, Sp. Sess. I, cc. 46, 47; 2025, cc. 684, 688.","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}}