{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1249.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1249.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1249.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1249.html"}],"law_id":80239,"edition_id":1,"section_id":80239,"structure_id":14101,"section_number":"55.1-1249","catch_line":"Remedies for absence, nonuse, and abandonment","history":"1974, c. 680, \u00a7 55-248.33; 2002, c. 761; 2019, c. 712.","full_text":"If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days and the tenant fails to do so, the landlord may recover actual damages from the tenant. During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary to protect his possessions and property. The rental agreement is deemed to be terminated by the landlord as of the date of abandonment by the tenant. If the landlord cannot determine whether the premises has been abandoned by the tenant, the landlord shall serve written notice on the tenant in accordance with \u00a7 55.1-1202 requiring the tenant to give written notice to the landlord within seven days that the tenant intends to remain in occupancy of the premises. If the tenant gives such written notice to the landlord, or if the landlord otherwise determines that the tenant remains in occupancy of the premises, the landlord shall not treat the premises as having been abandoned. Unless the landlord receives written notice from the tenant or otherwise determines that the tenant remains in occupancy of the premises, upon the expiration of seven days from the date of the landlord’s notice to the tenant, there shall be a rebuttable presumption that the premises has been abandoned by the tenant, and the rental agreement shall be deemed to terminate on that date. The landlord shall mitigate damages in accordance with \u00a7 55.1-1251.","order_by":null,"text":{"0":{"id":287270,"text":"If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days and the tenant fails to do so, the landlord may recover actual damages from the tenant. During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary to protect his possessions and property. The rental agreement is deemed to be terminated by the landlord as of the date of abandonment by the tenant. If the landlord cannot determine whether the premises has been abandoned by the tenant, the landlord shall serve written notice on the tenant in accordance with \u00a7 55.1-1202 requiring the tenant to give written notice to the landlord within seven days that the tenant intends to remain in occupancy of the premises. If the tenant gives such written notice to the landlord, or if the landlord otherwise determines that the tenant remains in occupancy of the premises, the landlord shall not treat the premises as having been abandoned. Unless the landlord receives written notice from the tenant or otherwise determines that the tenant remains in occupancy of the premises, upon the expiration of seven days from the date of the landlord’s notice to the tenant, there shall be a rebuttable presumption that the premises has been abandoned by the tenant, and the rental agreement shall be deemed to terminate on that date. The landlord shall mitigate damages in accordance with \u00a7 55.1-1251.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1249\/","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 2 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 2002, chapter 761<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":64337,"section_number":"55.1-1229","catch_line":"Access; consent; correction of nonemergency conditions; relocation of tenant; security systems","order_by":null,"url":"\/55.1-1229\/"},{"id":69130,"section_number":"55.1-1254","catch_line":"Disposal of property abandoned by tenants","order_by":null,"url":"\/55.1-1254\/"},{"id":74299,"section_number":"55.1-1300","catch_line":"Definitions","order_by":null,"url":"\/55.1-1300\/"}],"refers_to":[{"id":69095,"section_number":"55.1-1202","catch_line":"Notice","order_by":null,"url":"\/55.1-1202\/"},{"id":86328,"section_number":"55.1-1251","catch_line":"Remedy after termination","order_by":null,"url":"\/55.1-1251\/"}],"permalink":{"id":246121,"object_type":"law","relational_id":80239,"identifier":"55.1-1249","token":"55.1\/III\/12\/5\/55.1-1249","url":"\/55.1-1249\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1249\/","token":"55.1\/III\/12\/5\/55.1-1249","dublin_core":{"Title":"Remedies for absence, nonuse, and abandonment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1249","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the rental agreement<\/span> requires the tenant<\/span> to give notice to the landlord<\/span> of an anticipated extended absence in excess of seven days and the tenant<\/span> fails to do so, the landlord<\/span> may recover actual damages<\/span> from the tenant<\/span>. During any absence of the tenant<\/span> in excess of seven days, the landlord<\/span> may enter the dwelling unit<\/span> at times reasonably necessary to protect his possessions<\/span> and property. The rental agreement<\/span> is deemed to be terminated by the landlord<\/span> as of the date of abandonment by the tenant<\/span>. If the landlord<\/span> cannot determine whether the premises<\/span> has been abandoned by the tenant<\/span>, the landlord<\/span> shall serve written notice<\/span> on the tenant<\/span> in accordance with \u00a7 55.1-1202<\/a> requiring the tenant<\/span> to give written notice<\/span> to the landlord<\/span> within seven days that the tenant<\/span> intends to remain in occupancy of the premises<\/span>. If the tenant<\/span> gives<\/span> such written notice<\/span> to the landlord<\/span>, or if the landlord<\/span> otherwise determines that the tenant<\/span> remains in occupancy of the premises<\/span>, the landlord<\/span> shall not treat the premises<\/span> as having been abandoned. Unless the landlord<\/span> receives written notice<\/span> from the tenant<\/span> or otherwise determines that the tenant<\/span> remains in occupancy of the premises<\/span>, upon the expiration of seven days from the date of the landlord<\/span>’s notice to the tenant<\/span>, there shall be a rebuttable presumption<\/span> that the premises<\/span> has been abandoned by the tenant<\/span>, and the rental agreement<\/span> shall be deemed to terminate on that date. The landlord<\/span> shall mitigate damages<\/span> in accordance with \u00a7 55.1-1251<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT (\u00a7 55.1-1249)\n\nIf the rental agreement requires the tenant to give notice to the landlord of an\nanticipated extended absence in excess of seven days and the tenant fails to do\nso, the landlord may recover actual damages from the tenant. During any absence\nof the tenant in excess of seven days, the landlord may enter the dwelling unit\nat times reasonably necessary to protect his possessions and property. The\nrental agreement is deemed to be terminated by the landlord as of the date of\nabandonment by the tenant. If the landlord cannot determine whether the premises\nhas been abandoned by the tenant, the landlord shall serve written notice on the\ntenant in accordance with \u00a7 55.1-1202 requiring the tenant to give written\nnotice to the landlord within seven days that the tenant intends to remain in\noccupancy of the premises. If the tenant gives such written notice to the\nlandlord, or if the landlord otherwise determines that the tenant remains in\noccupancy of the premises, the landlord shall not treat the premises as having\nbeen abandoned. Unless the landlord receives written notice from the tenant or\notherwise determines that the tenant remains in occupancy of the premises, upon\nthe expiration of seven days from the date of the landlord’s notice to the\ntenant, there shall be a rebuttable presumption that the premises has been\nabandoned by the tenant, and the rental agreement shall be deemed to terminate\non that date. The landlord shall mitigate damages in accordance with \u00a7\n55.1-1251.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.33; 2002, c. 761; 2019, c. 712.","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}}