{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-74.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-74.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-74.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-74.html"}],"law_id":77190,"edition_id":1,"section_id":77190,"structure_id":16249,"section_number":"8.01-74","catch_line":"Leases on behalf of persons under disability; new leases","history":"Code 1950, \u00a7 8-674; 1952, c. 360; 1977, c. 617.","full_text":"A\n\nLeases on behalf of persons under a disability. — When a person under a disability is entitled to or bound to renew any lease, any fiduciary on behalf of such person under a disability or any other interested person may apply by motion after reasonable notice to parties having a present interest in the property to be leased, to the circuit court as prescribed in subdivision 3 of § 8.01-261, and by the order of the court any person appointed by it may, from time to time, surrender or accept a surrender of such lease, or take or make a new lease of the same premises for such term and with such provisions as the court directs. Such reasonable sums as are incurred to renew any such lease shall, with interest thereon, be paid out of the profits of the leasehold premises, and be a charge thereon until payment.B\n\nNew leases. — When it shall appear to a circuit court that the interests of a person under a disability will be promoted by the execution of a new lease, where no prior lease exists, any fiduciary or any other person interested in the subject matter may apply in like summary fashion as stated in subsection A of this section and upon showing to the satisfaction of the court that the provisions therein were complied with, including reasonable notice to parties having a present interest to the property to be leased, the circuit court upon the consideration of the probable length of the disability and the duration of the proposed lease, may order such lease to be executed. Such lease may be renewed or surrendered at any time pursuant to subsection A of this section and under such conditions as the court may direct.","order_by":null,"text":{"0":{"id":276902,"text":"Leases on behalf of persons under a disability. — When a person under a disability is entitled to or bound to renew any lease, any fiduciary on behalf of such person under a disability or any other interested person may apply by motion after reasonable notice to parties having a present interest in the property to be leased, to the circuit court as prescribed in subdivision 3 of § 8.01-261, and by the order of the court any person appointed by it may, from time to time, surrender or accept a surrender of such lease, or take or make a new lease of the same premises for such term and with such provisions as the court directs. Such reasonable sums as are incurred to renew any such lease shall, with interest thereon, be paid out of the profits of the leasehold premises, and be a charge thereon until payment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276903,"text":"New leases. — When it shall appear to a circuit court that the interests of a person under a disability will be promoted by the execution of a new lease, where no prior lease exists, any fiduciary or any other person interested in the subject matter may apply in like summary fashion as stated in subsection A of this section and upon showing to the satisfaction of the court that the provisions therein were complied with, including reasonable notice to parties having a present interest to the property to be leased, the circuit court upon the consideration of the probable length of the disability and the duration of the proposed lease, may order such lease to be executed. Such lease may be renewed or surrendered at any time pursuant to subsection A of this section and under such conditions as the court may direct.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":16249,"edition_id":1,"name":"Actions for the Sale, Lease, Exchange, Redemption and Other Disposition of Lands of Persons Under a Disability","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 04:11:09","date_modified":"2026-06-26 04:11:09","permalink":{"id":281003,"object_type":"structure","relational_id":16249,"identifier":"8","token":"8.01\/3\/8","url":"\/8.01\/3\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74750,"structure_id":16249,"section_number":"8.01-67","catch_line":"Definitions; persons under a disability; fiduciary","url":"\/8.01-67\/","token":"8.01\/3\/8\/8.01-67","metadata":false},{"id":72216,"structure_id":16249,"section_number":"8.01-68","catch_line":"Jurisdiction","url":"\/8.01-68\/","token":"8.01\/3\/8\/8.01-68","metadata":false},{"id":66739,"structure_id":16249,"section_number":"8.01-69","catch_line":"Commencement of suit; parties","url":"\/8.01-69\/","token":"8.01\/3\/8\/8.01-69","metadata":false},{"id":81063,"structure_id":16249,"section_number":"8.01-70","catch_line":"Repealed","url":"\/8.01-70\/","token":"8.01\/3\/8\/8.01-70","metadata":false},{"id":65610,"structure_id":16249,"section_number":"8.01-72","catch_line":"When death to abate such suit","url":"\/8.01-72\/","token":"8.01\/3\/8\/8.01-72","metadata":false},{"id":87194,"structure_id":16249,"section_number":"8.01-73","catch_line":"Guardian ad litem to be appointed","url":"\/8.01-73\/","token":"8.01\/3\/8\/8.01-73","metadata":false},{"id":77190,"structure_id":16249,"section_number":"8.01-74","catch_line":"Leases on behalf of persons under disability; new leases","url":"\/8.01-74\/","token":"8.01\/3\/8\/8.01-74","metadata":false},{"id":77946,"structure_id":16249,"section_number":"8.01-75","catch_line":"Who not to be purchaser","url":"\/8.01-75\/","token":"8.01\/3\/8\/8.01-75","metadata":false},{"id":75536,"structure_id":16249,"section_number":"8.01-76","catch_line":"How proceeds from disposition to be secured and applied; when same may be paid over","url":"\/8.01-76\/","token":"8.01\/3\/8\/8.01-76","metadata":false},{"id":79794,"structure_id":16249,"section_number":"8.01-77","catch_line":"What proceeds of sale to pass as real estate","url":"\/8.01-77\/","token":"8.01\/3\/8\/8.01-77","metadata":false},{"id":71756,"structure_id":16249,"section_number":"8.01-78","catch_line":"Alternate procedure for sale of real estate of person under disability","url":"\/8.01-78\/","token":"8.01\/3\/8\/8.01-78","metadata":false},{"id":71874,"structure_id":16249,"section_number":"8.01-79","catch_line":"Same; reference of petition to commissioner","url":"\/8.01-79\/","token":"8.01\/3\/8\/8.01-79","metadata":false},{"id":78497,"structure_id":16249,"section_number":"8.01-80","catch_line":"Same; action of court on report; application of proceeds of transaction","url":"\/8.01-80\/","token":"8.01\/3\/8\/8.01-80","metadata":false}],"previous_section":{"id":87194,"structure_id":16249,"section_number":"8.01-73","catch_line":"Guardian ad litem to be appointed","url":"\/8.01-73\/","token":"8.01\/3\/8\/8.01-73","metadata":false},"next_section":{"id":77946,"structure_id":16249,"section_number":"8.01-75","catch_line":"Who not to be purchaser","url":"\/8.01-75\/","token":"8.01\/3\/8\/8.01-75","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-74\/","history_text":"

The record of this law\u2019s original creation isn\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 1952, chapter 360; in 1977, chapter 617.<\/p>","references":false,"refers_to":[{"id":63400,"section_number":"8.01-261","catch_line":"Category A or preferred venue","order_by":null,"url":"\/8.01-261\/"}],"permalink":{"id":281029,"object_type":"law","relational_id":77190,"identifier":"8.01-74","token":"8.01\/3\/8\/8.01-74","url":"\/8.01-74\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-74\/","token":"8.01\/3\/8\/8.01-74","dublin_core":{"Title":"Leases on behalf of persons under disability; new leases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-74","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Leases on behalf of persons<\/span> under a disability. — When a person<\/span> under a disability is entitled to or bound to renew any lease, any fiduciary<\/span> on behalf of such person<\/span> under a disability or any other interested person<\/span> may apply by motion<\/span> after reasonable notice to parties having a present interest in the property to be leased, to the circuit<\/span> court<\/span> as prescribed in subdivision 3 of § 8.01-261<\/a>, and by the order<\/span> of the court<\/span> any person<\/span> appointed by it may, from time to time, surrender or accept a surrender of such lease, or take or make a new lease of the same premises for such term and with such provisions as the court<\/span> directs. Such reasonable sums as are incurred to renew any such lease shall, with interest thereon, be paid out of the profits of the leasehold premises, and be a charge thereon until payment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> New leases. — When it shall appear to a circuit<\/span> court<\/span> that the interests of a person<\/span> under a disability will be promoted by the execution of a new lease, where no prior lease exists, any fiduciary<\/span> or any other person<\/span> interested in the subject matter may apply in like summary fashion as stated in subsection A of this section and upon showing to the satisfaction of the court<\/span> that the provisions therein were complied with, including reasonable notice to parties having a present interest to the property to be leased, the circuit<\/span> court<\/span> upon the consideration of the probable length of the disability and the duration of the proposed lease, may order<\/span> such lease to be executed. Such lease may be renewed or surrendered at any time pursuant to subsection A of this section and under such conditions as the court<\/span> may direct. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLEASES ON BEHALF OF PERSONS UNDER DISABILITY; NEW LEASES (\u00a7 8.01-74)\n\nA. Leases on behalf of persons under a disability. — When a person under a\ndisability is entitled to or bound to renew any lease, any fiduciary on behalf\nof such person under a disability or any other interested person may apply by\nmotion after reasonable notice to parties having a present interest in the\nproperty to be leased, to the circuit court as prescribed in subdivision 3 of\n§ 8.01-261, and by the order of the court any person appointed by it may,\nfrom time to time, surrender or accept a surrender of such lease, or take or\nmake a new lease of the same premises for such term and with such provisions as\nthe court directs. Such reasonable sums as are incurred to renew any such lease\nshall, with interest thereon, be paid out of the profits of the leasehold\npremises, and be a charge thereon until payment.\n\nB. New leases. — When it shall appear to a circuit court that the\ninterests of a person under a disability will be promoted by the execution of a\nnew lease, where no prior lease exists, any fiduciary or any other person\ninterested in the subject matter may apply in like summary fashion as stated in\nsubsection A of this section and upon showing to the satisfaction of the court\nthat the provisions therein were complied with, including reasonable notice to\nparties having a present interest to the property to be leased, the circuit\ncourt upon the consideration of the probable length of the disability and the\nduration of the proposed lease, may order such lease to be executed. Such lease\nmay be renewed or surrendered at any time pursuant to subsection A of this\nsection and under such conditions as the court may direct.\n\nHISTORY: Code 1950, \u00a7 8-674; 1952, c. 360; 1977, c. 617.","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}}