{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1250.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1250.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1250.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1250.html"}],"law_id":85575,"edition_id":1,"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","history":"2003, c. 427, \u00a7 55-248.34:1; 2006, c. 667; 2008, c. 489; 2010, c. 793; 2012, c. 788; 2013, c. 563; 2014, c. 813; 2018, cc. 220, 233; 2019, cc. 28, 43, 712; 2020, c. 1231; 2021, Sp. Sess. I, c. 410.","full_text":"A\n\nNo landlord may accept full payment of rent, as well as any damages, money judgment, award of attorney fees, and court costs, and receive an order of possession from a court of competent jurisdiction pursuant to an unlawful detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of Title 8.01 and proceed with eviction under § 55.1-1245, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord. However, a landlord may accept partial payment of rent and other amounts owed by the tenant to the landlord and receive an order of possession from a court of competent jurisdiction pursuant to an unlawful detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of Title 8.01 and proceed with eviction for nonpayment of rent under § 55.1-1245, provided that the landlord has stated in a written notice to the tenant that any and all amounts owed to the landlord by the tenant, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, would be accepted with reservation and would not constitute a waiver of the landlord’s right to evict the tenant from the dwelling unit. Such notice may be included in a written termination notice given by the landlord to the tenant in accordance with § 55.1-1245, and if so included, nothing herein shall be construed by a court of law or otherwise as requiring such landlord to give the tenant subsequent written notice. Such notice shall include the following language: “Any partial payment of rent made before or after a judgment of possession is ordered will not prevent your landlord from taking action to evict you. However, full payment of all amounts you owe the landlord, including all rent as contracted for in the rental agreement that is owed to the landlord as of the date payment is made, as well as any damages, money judgment, award of attorney fees, and court costs made at least 48 hours before the scheduled eviction will cause the eviction to be canceled, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord.” If the landlord elects to seek possession of the dwelling unit pursuant to § 8.01-126, the landlord shall provide a copy of this notice to the court for service to the tenant, along with the summons for unlawful detainer. If the dwelling unit is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, nothing in this section shall be construed to require that written notice be given to any public agency paying a portion of the rent under the rental agreement. If a landlord enters into a new written rental agreement with the tenant prior to eviction, an order of possession obtained prior to the entry of such new rental agreement is not enforceable. Notwithstanding the requirements of this section, a landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, may limit a tenant’s use of the right of redemption to once per lease period, provided that the landlord provides written notice of such limitation to the tenant.B\n\nThe tenant may pay or present to the court a redemption tender for payment of all rent due and owing as of the return date, including late charges, attorney fees, and court costs, at or before the first return date on an action for unlawful detainer.\n\t\t\tIf the tenant presents a redemption tender to the court at the return date, the court shall continue the action for unlawful detainer for 10 days following the return date for payment to the landlord of all rent due and owing as of the return date, including late charges, attorney fees, and court costs, and dismiss the action upon such payment. Should the landlord not receive full payment of all rent due and owing as of the return date, including late charges, attorney fees, and court costs, within 10 days of the return date, the court shall, without further evidence, grant to the landlord judgment for all amounts due and immediate possession of the premises. For purposes of this section, “redemption tender” means a written commitment to pay all rent due and owing as of the return date, including late charges, attorney fees, and court costs, by a local government or nonprofit entity within 10 days of such return date.C\n\nIn cases of unlawful detainer, a tenant, or any third party on behalf of a tenant, may pay the landlord or the landlord’s attorney or pay into court all (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 and as provided by law, (iv) reasonable attorney fees as contracted for in the rental agreement and as provided by law, and (v) costs of the proceeding as provided by law, at which time the unlawful detainer proceeding shall be dismissed, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord.D\n\nIf such payment has not been made as of the return date for the unlawful detainer, the tenant, or any third party on behalf of the tenant, may pay to the landlord, the landlord’s attorney, or the court all amounts claimed on the summons in unlawful detainer, including current rent, damages, late charges, costs of court, any civil recovery, attorney fees, and sheriff fees, including the sheriff fees for service of the writ of eviction if payment is made after issuance of the writ, no less than 48 hours before the date and time scheduled by the officer to whom the writ of eviction has been delivered to be executed. Upon receipt of such payment, the landlord, or the landlord’s attorney or managing agent, shall promptly notify the officer to whom the writ of eviction has been delivered to be executed that the execution of the writ of eviction shall be canceled. If the landlord has actual knowledge that the tenant has made such payment and willfully fails to provide such notification, such act may be deemed to be a violation of § 55.1-1243.1. In addition, the landlord shall transmit to the court a notice of satisfaction of any money judgment in accordance with § 8.01-454.E\n\nUpon receiving a written request from the tenant, the landlord, or the landlord’s attorney or managing agent, shall provide to the tenant a written statement of all amounts owed by the tenant to the landlord so that the tenant may pay the exact amount necessary for the tenant to exercise his right of redemption pursuant to this section. Any payments made by the tenant shall be by cashier’s check, certified check, or money order. A court shall not issue a writ of eviction on any judgment for possession that has expired or has been marked as satisfied.","order_by":null,"text":{"0":{"id":306543,"text":"No landlord may accept full payment of rent, as well as any damages, money judgment, award of attorney fees, and court costs, and receive an order of possession from a court of competent jurisdiction pursuant to an unlawful detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of Title 8.01 and proceed with eviction under § 55.1-1245, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord. However, a landlord may accept partial payment of rent and other amounts owed by the tenant to the landlord and receive an order of possession from a court of competent jurisdiction pursuant to an unlawful detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of Title 8.01 and proceed with eviction for nonpayment of rent under § 55.1-1245, provided that the landlord has stated in a written notice to the tenant that any and all amounts owed to the landlord by the tenant, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, would be accepted with reservation and would not constitute a waiver of the landlord’s right to evict the tenant from the dwelling unit. Such notice may be included in a written termination notice given by the landlord to the tenant in accordance with § 55.1-1245, and if so included, nothing herein shall be construed by a court of law or otherwise as requiring such landlord to give the tenant subsequent written notice. Such notice shall include the following language: “Any partial payment of rent made before or after a judgment of possession is ordered will not prevent your landlord from taking action to evict you. However, full payment of all amounts you owe the landlord, including all rent as contracted for in the rental agreement that is owed to the landlord as of the date payment is made, as well as any damages, money judgment, award of attorney fees, and court costs made at least 48 hours before the scheduled eviction will cause the eviction to be canceled, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord.” If the landlord elects to seek possession of the dwelling unit pursuant to § 8.01-126, the landlord shall provide a copy of this notice to the court for service to the tenant, along with the summons for unlawful detainer. If the dwelling unit is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, nothing in this section shall be construed to require that written notice be given to any public agency paying a portion of the rent under the rental agreement. If a landlord enters into a new written rental agreement with the tenant prior to eviction, an order of possession obtained prior to the entry of such new rental agreement is not enforceable. Notwithstanding the requirements of this section, a landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, may limit a tenant’s use of the right of redemption to once per lease period, provided that the landlord provides written notice of such limitation to the tenant.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306544,"text":"The tenant may pay or present to the court a redemption tender for payment of all rent due and owing as of the return date, including late charges, attorney fees, and court costs, at or before the first return date on an action for unlawful detainer.\n\t\t\tIf the tenant presents a redemption tender to the court at the return date, the court shall continue the action for unlawful detainer for 10 days following the return date for payment to the landlord of all rent due and owing as of the return date, including late charges, attorney fees, and court costs, and dismiss the action upon such payment. Should the landlord not receive full payment of all rent due and owing as of the return date, including late charges, attorney fees, and court costs, within 10 days of the return date, the court shall, without further evidence, grant to the landlord judgment for all amounts due and immediate possession of the premises. For purposes of this section, “redemption tender” means a written commitment to pay all rent due and owing as of the return date, including late charges, attorney fees, and court costs, by a local government or nonprofit entity within 10 days of such return date.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":306545,"text":"In cases of unlawful detainer, a tenant, or any third party on behalf of a tenant, may pay the landlord or the landlord’s attorney or pay into court all (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 and as provided by law, (iv) reasonable attorney fees as contracted for in the rental agreement and as provided by law, and (v) costs of the proceeding as provided by law, at which time the unlawful detainer proceeding shall be dismissed, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":306546,"text":"If such payment has not been made as of the return date for the unlawful detainer, the tenant, or any third party on behalf of the tenant, may pay to the landlord, the landlord’s attorney, or the court all amounts claimed on the summons in unlawful detainer, including current rent, damages, late charges, costs of court, any civil recovery, attorney fees, and sheriff fees, including the sheriff fees for service of the writ of eviction if payment is made after issuance of the writ, no less than 48 hours before the date and time scheduled by the officer to whom the writ of eviction has been delivered to be executed. Upon receipt of such payment, the landlord, or the landlord’s attorney or managing agent, shall promptly notify the officer to whom the writ of eviction has been delivered to be executed that the execution of the writ of eviction shall be canceled. If the landlord has actual knowledge that the tenant has made such payment and willfully fails to provide such notification, such act may be deemed to be a violation of § 55.1-1243.1. In addition, the landlord shall transmit to the court a notice of satisfaction of any money judgment in accordance with § 8.01-454.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":306547,"text":"Upon receiving a written request from the tenant, the landlord, or the landlord’s attorney or managing agent, shall provide to the tenant a written statement of all amounts owed by the tenant to the landlord so that the tenant may pay the exact amount necessary for the tenant to exercise his right of redemption pursuant to this section. Any payments made by the tenant shall be by cashier’s check, certified check, or money order. A court shall not issue a writ of eviction on any judgment for possession that has expired or has been marked as satisfied.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1250\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 427<\/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 9 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 2006, chapter 667<\/a>; in 2008, chapter 489<\/a>; in 2010, chapter 793<\/a>; in 2012, chapter 788<\/a>; in 2013, chapter 563<\/a>; in 2014, chapter 813<\/a>; in 2018, chapters 220<\/a> and 233<\/a>; in 2019, chapters 28<\/a>, 43<\/a>, and 712<\/a>; in 2020, chapter 1231<\/a>.<\/p>","references":[{"id":62273,"section_number":"36-139","catch_line":"Powers and duties of Director","order_by":null,"url":"\/36-139\/"},{"id":57480,"section_number":"55.1-1262","catch_line":"Eviction Diversion Pilot Program; process; court-ordered payment plan","order_by":null,"url":"\/55.1-1262\/"},{"id":64738,"section_number":"55.1-1309","catch_line":"Waiver of landlord's right to terminate","order_by":null,"url":"\/55.1-1309\/"},{"id":71253,"section_number":"8.01-454","catch_line":"Judgment, when satisfied, to be so noted by creditor","order_by":null,"url":"\/8.01-454\/"},{"id":78505,"section_number":"8.01-471","catch_line":"Time period for issuing writs of eviction in unlawful entry and detainer; when returnable","order_by":null,"url":"\/8.01-471\/"}],"refers_to":[{"id":59240,"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","order_by":null,"url":"\/55.1-1243.1\/"},{"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\/"},{"id":80335,"section_number":"8.01-124","catch_line":"Motion for judgment in circuit court for unlawful entry or detainer","order_by":null,"url":"\/8.01-124\/"},{"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\/"}],"permalink":{"id":246125,"object_type":"law","relational_id":85575,"identifier":"55.1-1250","token":"55.1\/III\/12\/5\/55.1-1250","url":"\/55.1-1250\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1250\/","token":"55.1\/III\/12\/5\/55.1-1250","dublin_core":{"Title":"Landlord’s acceptance of rent with reservation; tenant’s right of redemption","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1250","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No landlord<\/span> may accept full payment of rent<\/span>, as well as any damages<\/span>, money judgment<\/span>, award of attorney fees, and court<\/span> costs, and receive an order<\/span> of possession<\/span> from a court<\/span> of competent jurisdiction<\/span> pursuant to an unlawful detainer action<\/span> filed under Article 13 (§ 8.01-124<\/a> et seq.) of Chapter 3 of Title 8.01 and proceed with eviction under § 55.1-1245<\/a>, unless there are bases for the entry of an order<\/span> of possession<\/span> other than nonpayment of rent<\/span> stated in the unlawful detainer action<\/span> filed by the landlord<\/span>. However, a landlord<\/span> may accept partial payment of rent<\/span> and other amounts owed by the tenant<\/span> to the landlord<\/span> and receive an order<\/span> of possession<\/span> from a court<\/span> of competent jurisdiction<\/span> pursuant to an unlawful detainer action<\/span> filed under Article 13 (§ 8.01-124<\/a> et seq.) of Chapter 3 of Title 8.01 and proceed with eviction for nonpayment of rent<\/span> under § 55.1-1245<\/a>, provided that the landlord<\/span> has stated in a written notice<\/span> to the tenant<\/span> that any and all amounts owed to the landlord<\/span> by the tenant<\/span>, including payment of any rent<\/span>, damages<\/span>, money judgment<\/span>, award of attorney fees, and court<\/span> costs, would be accepted with reservation and would not constitute a waiver<\/span> of the landlord<\/span>’s right to evict the tenant<\/span> from the dwelling unit<\/span>. Such notice may be included in a written termination notice given by the landlord<\/span> to the tenant<\/span> in accordance with § 55.1-1245<\/a>, and if so included, nothing herein shall be construed by a court<\/span> of law<\/span> or otherwise as requiring such landlord<\/span> to give the tenant<\/span> subsequent written notice<\/span>. Such notice shall include the following language: “Any partial payment of rent<\/span> made before or after a judgment<\/span> of possession<\/span> is ordered will not prevent your landlord<\/span> from taking action to evict you. However, full payment of all amounts you owe the landlord<\/span>, including all rent<\/span> as contracted for in the rental agreement<\/span> that is owed to the landlord<\/span> as of the date payment is made, as well as any damages<\/span>, money judgment<\/span>, award of attorney fees, and court<\/span> costs made at least 48 hours before the scheduled eviction will cause the eviction to be canceled, unless there are bases for the entry of an order<\/span> of possession<\/span> other than nonpayment of rent<\/span> stated in the unlawful detainer action<\/span> filed by the landlord<\/span>.” If the landlord<\/span> elects to seek possession<\/span> of the dwelling unit<\/span> pursuant to § 8.01-126<\/a>, the landlord<\/span> shall provide a copy of this notice to the court<\/span> for service to the tenant<\/span>, along with the summons<\/span> for unlawful detainer. If the dwelling unit<\/span> is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, nothing in this section shall be construed to require that written notice<\/span> be given to any public agency paying a portion of the rent<\/span> under the rental agreement<\/span>. If a landlord<\/span> enters into a new written rental agreement<\/span> with the tenant<\/span> prior to eviction, an order<\/span> of possession<\/span> obtained prior to the entry of such new rental agreement<\/span> is not enforceable. Notwithstanding the requirements of this section, a landlord<\/span> with four or fewer rental dwelling units<\/span>, or up to a 10 percent interest in four or fewer rental dwelling units<\/span>, may limit a tenant<\/span>’s use of the right of redemption<\/span> to once per lease period, provided that the landlord<\/span> provides written notice<\/span> of such limitation to the tenant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The tenant<\/span> may pay or present to the court<\/span> a redemption tender<\/span> for payment of all rent<\/span> due and owing as of the return date, including late charges, attorney fees, and court<\/span> costs, at or before the first return date on an action for unlawful detainer.\n\t\t\tIf the tenant<\/span> presents a redemption tender<\/span> to the court<\/span> at the return date, the court<\/span> shall continue the action for unlawful detainer for 10 days following the return date for payment to the landlord<\/span> of all rent<\/span> due and owing as of the return date, including late charges, attorney fees, and court<\/span> costs, and dismiss the action upon such payment. Should the landlord<\/span> not receive full payment of all rent<\/span> due and owing as of the return date, including late charges, attorney fees, and court<\/span> costs, within 10 days of the return date, the court<\/span> shall, without further evidence<\/span>, grant to the landlord<\/span> judgment<\/span> for all amounts due and immediate possession<\/span> of the premises<\/span>. For purposes of this section, “redemption tender<\/span>” means a written commitment to pay all rent<\/span> due and owing as of the return date, including late charges, attorney fees, and court<\/span> costs, by a local government or nonprofit entity within 10 days of such return date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In cases of unlawful detainer, a tenant<\/span>, or any third party<\/span> on behalf of a tenant<\/span>, may pay the landlord<\/span> or the landlord<\/span>’s attorney or pay into court<\/span> all (i) rent<\/span> due and owing as of the court<\/span> date as contracted for in the rental agreement<\/span>, (ii) other charges and fees as contracted for in the rental agreement<\/span>, (iii) late charges contracted for in the rental agreement<\/span> and as provided by law<\/span>, (iv) reasonable attorney fees as contracted for in the rental agreement<\/span> and as provided by law<\/span>, and (v) costs of the proceeding as provided by law<\/span>, at which time the unlawful detainer proceeding shall be dismissed, unless there are bases for the entry of an order<\/span> of possession<\/span> other than nonpayment of rent<\/span> stated in the unlawful detainer action<\/span> filed by the landlord<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If such payment has not been made as of the return date for the unlawful detainer, the tenant<\/span>, or any third party<\/span> on behalf of the tenant<\/span>, may pay to the landlord<\/span>, the landlord<\/span>’s attorney, or the court<\/span> all amounts claimed on the summons<\/span> in unlawful detainer, including current rent<\/span>, damages<\/span>, late charges, costs of court<\/span>, any civil recovery, attorney fees, and sheriff fees, including the sheriff fees for service of the writ<\/span> of eviction if payment is made after issuance of the writ<\/span>, no less than 48 hours before the date and time scheduled by the officer to whom the writ<\/span> of eviction has been delivered to be executed. Upon receipt of such payment, the landlord<\/span>, or the landlord<\/span>’s attorney or managing agent<\/span>, shall promptly notify the officer to whom the writ<\/span> of eviction has been delivered to be executed that the execution of the writ<\/span> of eviction shall be canceled. If the landlord<\/span> has actual knowledge that the tenant<\/span> has made such payment and willfully fails to provide such notification, such act may be deemed to be a violation of § 55.1-1243.1<\/a>. In addition, the landlord<\/span> shall transmit to the court<\/span> a notice of satisfaction of any money judgment<\/span> in accordance with § 8.01-454<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon receiving a written request from the tenant<\/span>, the landlord<\/span>, or the landlord<\/span>’s attorney or managing agent<\/span>, shall provide to the tenant<\/span> a written statement of all amounts owed by the tenant<\/span> to the landlord<\/span> so that the tenant<\/span> may pay the exact amount necessary for the tenant<\/span> to exercise his right of redemption pursuant to this section. Any payments made by the tenant<\/span> shall be by cashier’s check, certified check, or money order<\/span>. A court<\/span> shall not issue<\/span> a writ<\/span> of eviction on any judgment<\/span> for possession<\/span> that has expired or has been marked as satisfied. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLANDLORD’S ACCEPTANCE OF RENT WITH RESERVATION; TENANT’S RIGHT OF\nREDEMPTION (\u00a7 55.1-1250)\n\nA. No landlord may accept full payment of rent, as well as any damages, money\njudgment, award of attorney fees, and court costs, and receive an order of\npossession from a court of competent jurisdiction pursuant to an unlawful\ndetainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of\nTitle 8.01 and proceed with eviction under § 55.1-1245, unless there are\nbases for the entry of an order of possession other than nonpayment of rent\nstated in the unlawful detainer action filed by the landlord. However, a\nlandlord may accept partial payment of rent and other amounts owed by the tenant\nto the landlord and receive an order of possession from a court of competent\njurisdiction pursuant to an unlawful detainer action filed under Article 13\n(§ 8.01-124 et seq.) of Chapter 3 of Title 8.01 and proceed with eviction\nfor nonpayment of rent under § 55.1-1245, provided that the landlord has\nstated in a written notice to the tenant that any and all amounts owed to the\nlandlord by the tenant, including payment of any rent, damages, money judgment,\naward of attorney fees, and court costs, would be accepted with reservation and\nwould not constitute a waiver of the landlord’s right to evict the tenant\nfrom the dwelling unit. Such notice may be included in a written termination\nnotice given by the landlord to the tenant in accordance with § 55.1-1245,\nand if so included, nothing herein shall be construed by a court of law or\notherwise as requiring such landlord to give the tenant subsequent written\nnotice. Such notice shall include the following language: “Any partial\npayment of rent made before or after a judgment of possession is ordered will\nnot prevent your landlord from taking action to evict you. However, full payment\nof all amounts you owe the landlord, including all rent as contracted for in the\nrental agreement that is owed to the landlord as of the date payment is made, as\nwell as any damages, money judgment, award of attorney fees, and court costs\nmade at least 48 hours before the scheduled eviction will cause the eviction to\nbe canceled, unless there are bases for the entry of an order of possession\nother than nonpayment of rent stated in the unlawful detainer action filed by\nthe landlord.” If the landlord elects to seek possession of the dwelling\nunit pursuant to § 8.01-126, the landlord shall provide a copy of this\nnotice to the court for service to the tenant, along with the summons for\nunlawful detainer. If the dwelling unit is a public housing unit or other\nhousing unit subject to regulation by the U.S. Department of Housing and Urban\nDevelopment, nothing in this section shall be construed to require that written\nnotice be given to any public agency paying a portion of the rent under the\nrental agreement. If a landlord enters into a new written rental agreement with\nthe tenant prior to eviction, an order of possession obtained prior to the entry\nof such new rental agreement is not enforceable. Notwithstanding the\nrequirements of this section, a landlord with four or fewer rental dwelling\nunits, or up to a 10 percent interest in four or fewer rental dwelling units,\nmay limit a tenant’s use of the right of redemption to once per lease\nperiod, provided that the landlord provides written notice of such limitation to\nthe tenant.\n\nB. The tenant may pay or present to the court a redemption tender for payment of\nall rent due and owing as of the return date, including late charges, attorney\nfees, and court costs, at or before the first return date on an action for\nunlawful detainer.\n\t\t\tIf the tenant presents a redemption tender to the court at the return date,\nthe court shall continue the action for unlawful detainer for 10 days following\nthe return date for payment to the landlord of all rent due and owing as of the\nreturn date, including late charges, attorney fees, and court costs, and dismiss\nthe action upon such payment. Should the landlord not receive full payment of\nall rent due and owing as of the return date, including late charges, attorney\nfees, and court costs, within 10 days of the return date, the court shall,\nwithout further evidence, grant to the landlord judgment for all amounts due and\nimmediate possession of the premises. For purposes of this section,\n“redemption tender” means a written commitment to pay all rent due\nand owing as of the return date, including late charges, attorney fees, and\ncourt costs, by a local government or nonprofit entity within 10 days of such\nreturn date.\n\nC. In cases of unlawful detainer, a tenant, or any third party on behalf of a\ntenant, may pay the landlord or the landlord’s attorney or pay into court\nall (i) rent due and owing as of the court date as contracted for in the rental\nagreement, (ii) other charges and fees as contracted for in the rental\nagreement, (iii) late charges contracted for in the rental agreement and as\nprovided by law, (iv) reasonable attorney fees as contracted for in the rental\nagreement and as provided by law, and (v) costs of the proceeding as provided by\nlaw, at which time the unlawful detainer proceeding shall be dismissed, unless\nthere are bases for the entry of an order of possession other than nonpayment of\nrent stated in the unlawful detainer action filed by the landlord.\n\nD. If such payment has not been made as of the return date for the unlawful\ndetainer, the tenant, or any third party on behalf of the tenant, may pay to the\nlandlord, the landlord’s attorney, or the court all amounts claimed on the\nsummons in unlawful detainer, including current rent, damages, late charges,\ncosts of court, any civil recovery, attorney fees, and sheriff fees, including\nthe sheriff fees for service of the writ of eviction if payment is made after\nissuance of the writ, no less than 48 hours before the date and time scheduled\nby the officer to whom the writ of eviction has been delivered to be executed.\nUpon receipt of such payment, the landlord, or the landlord’s attorney or\nmanaging agent, shall promptly notify the officer to whom the writ of eviction\nhas been delivered to be executed that the execution of the writ of eviction\nshall be canceled. If the landlord has actual knowledge that the tenant has made\nsuch payment and willfully fails to provide such notification, such act may be\ndeemed to be a violation of § 55.1-1243.1. In addition, the landlord shall\ntransmit to the court a notice of satisfaction of any money judgment in\naccordance with § 8.01-454.\n\nE. Upon receiving a written request from the tenant, the landlord, or the\nlandlord’s attorney or managing agent, shall provide to the tenant a\nwritten statement of all amounts owed by the tenant to the landlord so that the\ntenant may pay the exact amount necessary for the tenant to exercise his right\nof redemption pursuant to this section. Any payments made by the tenant shall be\nby cashier’s check, certified check, or money order. A court shall not\nissue a writ of eviction on any judgment for possession that has expired or has\nbeen marked as satisfied.\n\nHISTORY: 2003, c. 427, \u00a7 55-248.34:1; 2006, c. 667; 2008, c. 489; 2010, c. 793;\n2012, c. 788; 2013, c. 563; 2014, c. 813; 2018, cc. 220, 233; 2019, cc. 28, 43,\n712; 2020, c. 1231; 2021, Sp. Sess. I, c. 410.","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}}