{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1251.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1251.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1251.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1251.html"}],"law_id":86328,"edition_id":1,"section_id":86328,"structure_id":14101,"section_number":"55.1-1251","catch_line":"Remedy after termination","history":"1974, c. 680, \u00a7 55-248.35; 1981, c. 539; 1988, c. 68; 1989, c. 383; 1996, c. 326; 2000, c. 760; 2001, c. 524; 2019, cc. 180, 700, 712.","full_text":"If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement, reasonable attorney fees as provided in \u00a7 55.1-1245, and the cost of service of any notice under \u00a7 55.1-1245 or 55.1-1415 or process by a sheriff or private process server, which cost shall not exceed the amount authorized by \u00a7 55.1-1247, and such claims may be enforced, without limitation, by initiating an action for unlawful entry or detainer. Actual damages for breach of the rental agreement may include a claim for rent that would have accrued until the expiration of the term of the rental agreement or until a tenancy pursuant to a new rental agreement commences, whichever occurs first, provided that nothing contained in this section shall diminish the duty of the landlord to mitigate actual damages for breach of the rental agreement. In obtaining post-possession judgments for actual damages as defined in this section, the landlord shall not seek a judgment for accelerated rent through the end of the term of the tenancy.\n\t\tIn any unlawful detainer action brought by the landlord, this section shall not be construed to prevent the landlord from being granted by the court a simultaneous judgment for money due and for possession of the premises without a credit for any security deposit. Upon the tenant vacating the premises either voluntarily or by a writ of eviction, security deposits shall be credited to the tenant’s account by the landlord in accordance with the requirements of \u00a7 55.1-1226.","order_by":null,"text":{"0":{"id":309191,"text":"If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement, reasonable attorney fees as provided in \u00a7 55.1-1245, and the cost of service of any notice under \u00a7 55.1-1245 or 55.1-1415 or process by a sheriff or private process server, which cost shall not exceed the amount authorized by \u00a7 55.1-1247, and such claims may be enforced, without limitation, by initiating an action for unlawful entry or detainer. Actual damages for breach of the rental agreement may include a claim for rent that would have accrued until the expiration of the term of the rental agreement or until a tenancy pursuant to a new rental agreement commences, whichever occurs first, provided that nothing contained in this section shall diminish the duty of the landlord to mitigate actual damages for breach of the rental agreement. In obtaining post-possession judgments for actual damages as defined in this section, the landlord shall not seek a judgment for accelerated rent through the end of the term of the tenancy.\n\t\tIn any unlawful detainer action brought by the landlord, this section shall not be construed to prevent the landlord from being granted by the court a simultaneous judgment for money due and for possession of the premises without a credit for any security deposit. Upon the tenant vacating the premises either voluntarily or by a writ of eviction, security deposits shall be credited to the tenant’s account by the landlord in accordance with the requirements of \u00a7 55.1-1226.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1251\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 680 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1981, chapter 539; in 1988, chapter 68; in 1989, chapter 383; in 1996, chapter 326<\/a>; in 2000, chapter 760<\/a>; in 2001, chapter 524<\/a>; in 2019, chapters 180<\/a>, 700<\/a>, and 712<\/a>.<\/p>","references":[{"id":55889,"section_number":"55.1-1226","catch_line":"Security deposits","order_by":null,"url":"\/55.1-1226\/"},{"id":68972,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","order_by":null,"url":"\/55.1-1236\/"},{"id":69167,"section_number":"55.1-1240","catch_line":"Fire or casualty damage","order_by":null,"url":"\/55.1-1240\/"},{"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":80239,"section_number":"55.1-1249","catch_line":"Remedies for absence, nonuse, and abandonment","order_by":null,"url":"\/55.1-1249\/"},{"id":61089,"section_number":"55.1-1253","catch_line":"Periodic tenancy; holdover remedies","order_by":null,"url":"\/55.1-1253\/"},{"id":57030,"section_number":"55.1-1256","catch_line":"Disposal of property of deceased tenants","order_by":null,"url":"\/55.1-1256\/"}],"refers_to":[{"id":55889,"section_number":"55.1-1226","catch_line":"Security deposits","order_by":null,"url":"\/55.1-1226\/"},{"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":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":67992,"section_number":"55.1-1415","catch_line":"Failure to pay certain rents after five days' notice forfeits right of possession","order_by":null,"url":"\/55.1-1415\/"}],"permalink":{"id":246129,"object_type":"law","relational_id":86328,"identifier":"55.1-1251","token":"55.1\/III\/12\/5\/55.1-1251","url":"\/55.1-1251\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1251\/","token":"55.1\/III\/12\/5\/55.1-1251","dublin_core":{"Title":"Remedy after termination","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1251","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the rental agreement<\/span> is terminated, the landlord<\/span> may have a claim for possession<\/span> and for rent<\/span> and a separate claim for actual damages<\/span> for breach of the rental agreement<\/span>, reasonable attorney fees as provided in \u00a7 55.1-1245<\/a>, and the cost of service of any notice<\/span> under \u00a7 55.1-1245<\/a> or 55.1-1415<\/a> or process by a sheriff or private process server, which cost shall not exceed the amount authorized by \u00a7 55.1-1247<\/a>, and such claims may be enforced, without limitation, by initiating an action for unlawful entry or detainer. Actual damages<\/span> for breach of the rental agreement<\/span> may include a claim for rent<\/span> that would have accrued until the expiration of the term of the rental agreement<\/span> or until a tenancy pursuant to a new rental agreement<\/span> commences, whichever occurs first, provided that nothing contained in this section shall diminish the duty of the landlord<\/span> to mitigate actual damages<\/span> for breach of the rental agreement<\/span>. In obtaining post-possession<\/span> judgments<\/span> for actual damages<\/span> as defined in this section, the landlord<\/span> shall not seek a judgment<\/span> for accelerated rent<\/span> through the end of the term of the tenancy.\n\t\tIn any unlawful detainer action<\/span> brought by the landlord<\/span>, this section shall not be construed to prevent the landlord<\/span> from being granted by the court<\/span> a simultaneous judgment<\/span> for money due and for possession<\/span> of the premises<\/span> without a credit for any security deposit<\/span>. Upon the tenant<\/span> vacating the premises<\/span> either voluntarily or by a writ<\/span> of eviction, security deposits<\/span> shall be credited to the tenant<\/span>’s account by the landlord<\/span> in accordance with the requirements of \u00a7 55.1-1226<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREMEDY AFTER TERMINATION (\u00a7 55.1-1251)\n\nIf the rental agreement is terminated, the landlord may have a claim for\npossession and for rent and a separate claim for actual damages for breach of\nthe rental agreement, reasonable attorney fees as provided in \u00a7 55.1-1245, and\nthe cost of service of any notice under \u00a7 55.1-1245 or 55.1-1415 or process by\na sheriff or private process server, which cost shall not exceed the amount\nauthorized by \u00a7 55.1-1247, and such claims may be enforced, without limitation,\nby initiating an action for unlawful entry or detainer. Actual damages for\nbreach of the rental agreement may include a claim for rent that would have\naccrued until the expiration of the term of the rental agreement or until a\ntenancy pursuant to a new rental agreement commences, whichever occurs first,\nprovided that nothing contained in this section shall diminish the duty of the\nlandlord to mitigate actual damages for breach of the rental agreement. In\nobtaining post-possession judgments for actual damages as defined in this\nsection, the landlord shall not seek a judgment for accelerated rent through the\nend of the term of the tenancy.\n\t\tIn any unlawful detainer action brought by the landlord, this section shall\nnot be construed to prevent the landlord from being granted by the court a\nsimultaneous judgment for money due and for possession of the premises without a\ncredit for any security deposit. Upon the tenant vacating the premises either\nvoluntarily or by a writ of eviction, security deposits shall be credited to the\ntenant’s account by the landlord in accordance with the requirements of \u00a7\n55.1-1226.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.35; 1981, c. 539; 1988, c. 68; 1989, c. 383;\n1996, c. 326; 2000, c. 760; 2001, c. 524; 2019, cc. 180, 700, 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}}