{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1253.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1253.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1253.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1253.html"}],"law_id":61089,"edition_id":1,"section_id":61089,"structure_id":14101,"section_number":"55.1-1253","catch_line":"Periodic tenancy; holdover remedies","history":"1974, c. 680, \u00a7 55-248.37; 1977, c. 427; 1982, c. 260; 2004, c. 123; 2005, c. 805; 2009, c. 663; 2013, c. 563; 2019, c. 712; 2023, c. 679.","full_text":"A\n\nThe landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period. The landlord and the tenant may agree in writing to an early termination of a rental agreement. In the event that no such agreement is reached, the provisions of § 55.1-1251 shall control.B\n\nNotwithstanding the provisions of subsection A, any owner of a multifamily premises that fails to renew the greater of either 20 or more month-to-month tenancies or 50 percent of the month-to-month tenancies within a consecutive 30-day period in the same multifamily premises shall serve written notice on each such tenant at least 60 days prior to allowing such tenancy to expire. For the purposes of this subsection, 60 days’ notice shall not be required to allow a tenancy to expire where the tenant has failed to pay rent in accordance with the rental agreement.C\n\nIf the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and may also recover actual damages, reasonable attorney fees, and court costs, unless the tenant proves by a preponderance of the evidence that the failure of the tenant to vacate the dwelling unit as of the termination date was reasonable. The landlord may include in the rental agreement a reasonable liquidated damage penalty, not to exceed an amount equal to 150 percent of the per diem of the monthly rent, for each day the tenant remains in the dwelling unit after the termination date specified in the landlord’s notice. However, 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, any liquidated damage penalty shall not exceed an amount equal to the per diem of the monthly rent set out in the lease agreement. If the landlord consents to the tenant’s continued occupancy, § 55.1-1204 applies.D\n\nIn the event of termination of a rental agreement where the tenant remains in possession with the agreement of the landlord either as a hold-over tenant or a month-to-month tenant and no new rental agreement is entered into, the terms of the terminated agreement shall remain in effect and govern the hold-over or month-to-month tenancy, except that the amount of rent shall be either as provided in the terminated rental agreement or the amount set forth in a written notice to the tenant, provided that such new rent amount shall not take effect until the next rent due date coming 30 days after the notice.","order_by":null,"text":{"0":{"id":223327,"text":"The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period. The landlord and the tenant may agree in writing to an early termination of a rental agreement. In the event that no such agreement is reached, the provisions of § 55.1-1251 shall control.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223328,"text":"Notwithstanding the provisions of subsection A, any owner of a multifamily premises that fails to renew the greater of either 20 or more month-to-month tenancies or 50 percent of the month-to-month tenancies within a consecutive 30-day period in the same multifamily premises shall serve written notice on each such tenant at least 60 days prior to allowing such tenancy to expire. For the purposes of this subsection, 60 days’ notice shall not be required to allow a tenancy to expire where the tenant has failed to pay rent in accordance with the rental agreement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":223329,"text":"If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and may also recover actual damages, reasonable attorney fees, and court costs, unless the tenant proves by a preponderance of the evidence that the failure of the tenant to vacate the dwelling unit as of the termination date was reasonable. The landlord may include in the rental agreement a reasonable liquidated damage penalty, not to exceed an amount equal to 150 percent of the per diem of the monthly rent, for each day the tenant remains in the dwelling unit after the termination date specified in the landlord’s notice. However, 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, any liquidated damage penalty shall not exceed an amount equal to the per diem of the monthly rent set out in the lease agreement. If the landlord consents to the tenant’s continued occupancy, § 55.1-1204 applies.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":223330,"text":"In the event of termination of a rental agreement where the tenant remains in possession with the agreement of the landlord either as a hold-over tenant or a month-to-month tenant and no new rental agreement is entered into, the terms of the terminated agreement shall remain in effect and govern the hold-over or month-to-month tenancy, except that the amount of rent shall be either as provided in the terminated rental agreement or the amount set forth in a written notice to the tenant, provided that such new rent amount shall not take effect until the next rent due date coming 30 days after the notice.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1253\/","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 8 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 1977, chapter 427; in 1982, chapter 260; in 2004, chapter 123<\/a>; in 2005, chapter 805<\/a>; in 2009, chapter 663<\/a>; in 2013, chapter 563<\/a>; in 2019, chapter 712<\/a>; in 2023, chapter 679<\/a>.<\/p>","references":[{"id":82906,"section_number":"55.1-1204","catch_line":"Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant","order_by":null,"url":"\/55.1-1204\/"},{"id":58492,"section_number":"55.1-1258","catch_line":"Retaliatory conduct prohibited","order_by":null,"url":"\/55.1-1258\/"}],"refers_to":[{"id":82906,"section_number":"55.1-1204","catch_line":"Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant","order_by":null,"url":"\/55.1-1204\/"},{"id":86328,"section_number":"55.1-1251","catch_line":"Remedy after termination","order_by":null,"url":"\/55.1-1251\/"}],"permalink":{"id":246137,"object_type":"law","relational_id":61089,"identifier":"55.1-1253","token":"55.1\/III\/12\/5\/55.1-1253","url":"\/55.1-1253\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1253\/","token":"55.1\/III\/12\/5\/55.1-1253","dublin_core":{"Title":"Periodic tenancy; holdover remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1253","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The landlord<\/span> or the tenant<\/span> may terminate a week-to-week tenancy by serving a written notice<\/span> on the other at least seven days prior to the next rent<\/span> due date. The landlord<\/span> or the tenant<\/span> may terminate a month-to-month tenancy by serving a written notice<\/span> on the other at least 30 days prior to the next rent<\/span> due date, unless the rental agreement<\/span> provides for a different notice period. The landlord<\/span> and the tenant<\/span> may agree in writing to an early termination of a rental agreement<\/span>. In the event that no such agreement is reached, the provisions of § 55.1-1251<\/a> shall control. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A, any owner<\/span> of a multifamily premises<\/span> that fails to renew the greater of either 20 or more month-to-month tenancies or 50 percent of the month-to-month tenancies within a consecutive 30-day period in the same multifamily premises<\/span> shall serve written notice<\/span> on each such tenant<\/span> at least 60 days prior to allowing such tenancy to expire. For the purposes of this subsection, 60 days’ notice shall not be required to allow a tenancy to expire where the tenant<\/span> has failed to pay rent<\/span> in accordance with the rental agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the tenant<\/span> remains in possession<\/span> without the landlord<\/span>’s consent after expiration of the term of the rental agreement<\/span> or its termination, the landlord<\/span> may bring an action<\/span> for possession<\/span> and may also recover actual damages<\/span>, reasonable attorney fees, and court<\/span> costs, unless the tenant<\/span> proves by a preponderance of the evidence<\/span> that the failure of the tenant<\/span> to vacate the dwelling unit<\/span> as of the termination date was reasonable. The landlord<\/span> may include in the rental agreement<\/span> a reasonable liquidated damage penalty<\/span>, not to exceed an amount equal to 150 percent of the per diem of the monthly rent<\/span>, for each day the tenant<\/span> remains in the dwelling unit<\/span> after the termination date specified in the landlord<\/span>’s notice. However, 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, any liquidated damage penalty<\/span> shall not exceed an amount equal to the per diem of the monthly rent<\/span> set out in the lease agreement<\/span>. If the landlord<\/span> consents to the tenant<\/span>’s continued occupancy, § 55.1-1204<\/a> applies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the event of termination of a rental agreement<\/span> where the tenant<\/span> remains in possession<\/span> with the agreement of the landlord<\/span> either as a hold-over tenant<\/span> or a month-to-month tenant<\/span> and no new rental agreement<\/span> is entered into, the terms of the terminated agreement shall remain in effect and govern the hold-over or month-to-month tenancy, except that the amount of rent<\/span> shall be either as provided in the terminated rental agreement<\/span> or the amount set forth in a written notice<\/span> to the tenant<\/span>, provided that such new rent<\/span> amount shall not take effect until the next rent<\/span> due date coming 30 days after the notice. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERIODIC TENANCY; HOLDOVER REMEDIES (\u00a7 55.1-1253)\n\nA. The landlord or the tenant may terminate a week-to-week tenancy by serving a\nwritten notice on the other at least seven days prior to the next rent due date.\nThe landlord or the tenant may terminate a month-to-month tenancy by serving a\nwritten notice on the other at least 30 days prior to the next rent due date,\nunless the rental agreement provides for a different notice period. The landlord\nand the tenant may agree in writing to an early termination of a rental\nagreement. In the event that no such agreement is reached, the provisions of\n§ 55.1-1251 shall control.\n\nB. Notwithstanding the provisions of subsection A, any owner of a multifamily\npremises that fails to renew the greater of either 20 or more month-to-month\ntenancies or 50 percent of the month-to-month tenancies within a consecutive\n30-day period in the same multifamily premises shall serve written notice on\neach such tenant at least 60 days prior to allowing such tenancy to expire. For\nthe purposes of this subsection, 60 days’ notice shall not be required to\nallow a tenancy to expire where the tenant has failed to pay rent in accordance\nwith the rental agreement.\n\nC. If the tenant remains in possession without the landlord’s consent\nafter expiration of the term of the rental agreement or its termination, the\nlandlord may bring an action for possession and may also recover actual damages,\nreasonable attorney fees, and court costs, unless the tenant proves by a\npreponderance of the evidence that the failure of the tenant to vacate the\ndwelling unit as of the termination date was reasonable. The landlord may\ninclude in the rental agreement a reasonable liquidated damage penalty, not to\nexceed an amount equal to 150 percent of the per diem of the monthly rent, for\neach day the tenant remains in the dwelling unit after the termination date\nspecified in the landlord’s notice. However, if the dwelling unit is a\npublic housing unit or other housing unit subject to regulation by the U.S.\nDepartment of Housing and Urban Development, any liquidated damage penalty shall\nnot exceed an amount equal to the per diem of the monthly rent set out in the\nlease agreement. If the landlord consents to the tenant’s continued\noccupancy, § 55.1-1204 applies.\n\nD. In the event of termination of a rental agreement where the tenant remains in\npossession with the agreement of the landlord either as a hold-over tenant or a\nmonth-to-month tenant and no new rental agreement is entered into, the terms of\nthe terminated agreement shall remain in effect and govern the hold-over or\nmonth-to-month tenancy, except that the amount of rent shall be either as\nprovided in the terminated rental agreement or the amount set forth in a written\nnotice to the tenant, provided that such new rent amount shall not take effect\nuntil the next rent due date coming 30 days after the notice.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.37; 1977, c. 427; 1982, c. 260; 2004, c. 123;\n2005, c. 805; 2009, c. 663; 2013, c. 563; 2019, c. 712; 2023, c. 679.","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}}