                                 CODE OF VIRGINIA

(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 (§ 55.1-1245)

A. Except as otherwise provided in this chapter, if there is a material
noncompliance by the tenant with the rental agreement or a violation of &#xA7;
55.1-1227 materially affecting health and safety, the landlord may serve a
written notice on the tenant specifying the acts and omissions constituting the
breach and stating that the rental agreement will terminate upon a date not less
than 30 days after receipt of the notice if the breach is not remedied in 21
days and that the rental agreement shall terminate as provided in the notice.

B. If the breach is remediable by repairs or the payment of damages or otherwise
and the tenant adequately remedies the breach prior to the date specified in the
notice, the rental agreement shall not terminate.

C. If the tenant commits a breach that is not remediable, the landlord may serve
a written notice on the tenant specifying the acts and omissions constituting
the breach and stating that the rental agreement will terminate upon a date not
less than 30 days after receipt of the notice. Notwithstanding anything to the
contrary, when a breach of the tenant&#8217;s obligations under this chapter or
the rental agreement involves or constitutes a criminal or a willful act that is
not remediable and that poses a threat to health or safety, the landlord may
terminate the rental agreement immediately and proceed to obtain possession of
the premises. For purposes of this subsection, any illegal drug activity
involving a controlled substance, as used or defined by the Drug Control Act
(&#xA7; 54.1-3400 et seq.), or any activity that involves or constitutes a
criminal or willful act that also poses a threat to health and safety, by the
tenant, an authorized occupant, or a guest or invitee of the tenant shall
constitute an immediate nonremediable violation for which the landlord may
proceed to terminate the tenancy without the necessity of waiting for a
conviction of any criminal offense that may arise out of the same actions. In
order to obtain an order of possession from a court of competent jurisdiction
terminating the tenancy for illegal drug activity or for any other activity that
involves or constitutes a criminal or willful act that also poses a threat to
health and safety, the landlord shall prove any such violations by a
preponderance of the evidence. However, where the illegal drug activity or any
activity that involves or constitutes a criminal or willful act that also poses
a threat to health and safety is engaged in by an authorized occupant or a guest
or invitee of the tenant, the tenant shall be presumed to have knowledge of such
activities unless the presumption is rebutted by a preponderance of the
evidence. The initial hearing on the landlord&#8217;s action for immediate
possession of the premises shall be held within 15 calendar days from the date
of service on the tenant; however, the court shall order an earlier hearing when
emergency conditions are alleged to exist upon the premises that constitute an
immediate threat to the health or safety of the other tenants. After the initial
hearing, if the matter is scheduled for a subsequent hearing or for a contested
trial, the court, to the extent practicable, shall order that the matter be
given priority on the court&#8217;s docket. Such subsequent hearing or contested
trial shall be heard no later than 30 calendar days from the date of service on
the tenant. During the interim period between the date of the initial hearing
and the date of any subsequent hearing or contested trial, the court may afford
any further remedy or relief as is necessary to protect the interests of parties
to the proceeding or the interests of any other tenant residing on the premises.
Failure by the court to hold either of the hearings within the time limits set
out in this section shall not be a basis for dismissal of the case.

D. If the tenant is a victim of family abuse as defined in &#xA7; 16.1-228 that
occurred in the dwelling unit or on the premises and the perpetrator is barred
from the dwelling unit pursuant to &#xA7; 55.1-1246 on the basis of information
provided by the tenant to the landlord, or by a protective order from a court of
competent jurisdiction pursuant to &#xA7; 16.1-253.1 or 16.1-279.1 or subsection
B of &#xA7; 20-103, the lease shall not terminate solely due to an act of family
abuse against the tenant. However, these provisions shall not be applicable if
(i) the tenant fails to provide written documentation corroborating the
tenant&#8217;s status as a victim of family abuse and the exclusion from the
dwelling unit of the perpetrator no later than 21 days from the alleged offense
or (ii) the perpetrator returns to the dwelling unit or the premises, in
violation of a bar notice, and the tenant fails to promptly notify the landlord
within 24 hours that the perpetrator has returned to the dwelling unit or the
premises, unless the tenant proves by a preponderance of the evidence that the
tenant had no actual knowledge that the perpetrator violated the bar notice, or
it was not possible for the tenant to notify the landlord within 24 hours, in
which case the tenant shall promptly notify the landlord, but in no event later
than seven days. If the provisions of this subsection are not applicable, the
tenant shall remain responsible for the acts of the other co-tenants, authorized
occupants, or guests or invitees pursuant to &#xA7; 55.1-1227 and is subject to
termination of the tenancy pursuant to the lease and this chapter.

E. If the tenant has been served with a prior written notice that required the
tenant to remedy a breach, and the tenant remedied such breach, where the tenant
intentionally commits a subsequent breach of a like nature as the prior breach,
the landlord may serve a written notice on the tenant specifying the acts and
omissions constituting the subsequent breach, make reference to the prior breach
of a like nature, and state that the rental agreement will terminate upon a date
not less than 30 days after receipt of the notice.

F. If rent is unpaid when due, and the tenant fails to pay rent within five days
after written notice is served on him notifying the tenant of his nonpayment,
and of the landlord&#8217;s intention to terminate the rental agreement if the
rent is not paid within the five-day period, the landlord may terminate the
rental agreement and proceed to obtain possession of the premises as provided in
&#xA7; 55.1-1251. If a check for rent is delivered to the landlord drawn on an
account with insufficient funds, or if an electronic funds transfer has been
rejected because of insufficient funds or a stop-payment order has been placed
in bad faith by the authorizing party, and the tenant fails to pay rent within
five days after written notice is served on him notifying the tenant of his
nonpayment and of the landlord&#8217;s intention to terminate the rental
agreement if the rent is not paid by cash, cashier&#8217;s check, certified
check, or a completed electronic funds transfer within the five-day period, the
landlord may terminate the rental agreement and proceed to obtain possession of
the premises as provided in &#xA7; 55.1-1251. Nothing shall be construed to
prevent a landlord from seeking an award of costs or attorney fees under &#xA7;
8.01-27.1 or civil recovery under &#xA7; 8.01-27.2, as a part of other damages
requested on the unlawful detainer filed pursuant to &#xA7; 8.01-126, provided
that the landlord has given notice in accordance with &#xA7; 55.1-1202, which
notice may be included in the five-day termination notice provided in accordance
with this section.

G. If a public housing authority issues a notice of nonpayment of rent to a
tenant, such public housing authority shall also provide to the tenant along
with the notice of nonpayment written information printed on pink or orange
paper explaining how the tenant may recertify the tenant&#8217;s income,
including how the tenant can, in accordance with federal law and policy, report
changes in income, request a minimum rent hardship exemption, and file
grievances. Such information shall be posted by the public housing authority in
conspicuous locations in each public housing community under its authority.

H. Except as otherwise provided in this chapter, the landlord may recover
damages and obtain injunctive relief for any noncompliance by the tenant with
the rental agreement or &#xA7; 55.1-1227. In the event of a breach of the rental
agreement or noncompliance by the tenant, the landlord shall be entitled to
recover from the tenant the following, regardless of whether a lawsuit is filed
or an order is obtained from a court: (i) rent due and owing 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,
(iv) reasonable attorney fees as contracted for in the rental agreement or as
provided by law, (v) costs of the proceeding as contracted for in the rental
agreement or as provided by law only if court action has been filed, and (vi)
damages to the dwelling unit or premises as contracted for in the rental
agreement.

I. In a case where a lawsuit is pending before the court upon a breach of the
rental agreement or noncompliance by the tenant and the landlord prevails, the
court shall award a money judgment to the landlord and against the tenant for
the relief requested, which may include the following: (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; (iv) reasonable attorney fees as
contracted for in the rental agreement or as provided by law, unless in any such
action the tenant proves by a preponderance of the evidence that the
tenant&#8217;s failure to pay rent or vacate was reasonable; (v) costs of the
proceeding as contracted for in the rental agreement or as provided by law; and
(vi) damages to the dwelling unit or premises.

HISTORY: 1974, c. 680, § 55-248.31; 1978, c. 378; 1980, c. 502; 1982, c. 260;
1984, c. 78; 1987, c. 387; 1988, c. 62; 1989, c. 301; 1995, c. 580; 2000, c.
760; 2003, c. 363; 2004, c. 232; 2005, cc. 808, 883; 2006, cc. 628, 717; 2007,
c. 273; 2008, c. 489; 2013, c. 563; 2014, c. 813; 2017, c. 730; 2019, c. 712;
2020, Sp. Sess. I, cc. 46, 47; 2025, cc. 684, 688.