                                 CODE OF VIRGINIA

REMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT (§ 55.1-1249)

If the rental agreement requires the tenant to give notice to the landlord of an
anticipated extended absence in excess of seven days and the tenant fails to do
so, the landlord may recover actual damages from the tenant. During any absence
of the tenant in excess of seven days, the landlord may enter the dwelling unit
at times reasonably necessary to protect his possessions and property. The
rental agreement is deemed to be terminated by the landlord as of the date of
abandonment by the tenant. If the landlord cannot determine whether the premises
has been abandoned by the tenant, the landlord shall serve written notice on the
tenant in accordance with § 55.1-1202 requiring the tenant to give written
notice to the landlord within seven days that the tenant intends to remain in
occupancy of the premises. If the tenant gives such written notice to the
landlord, or if the landlord otherwise determines that the tenant remains in
occupancy of the premises, the landlord shall not treat the premises as having
been abandoned. Unless the landlord receives written notice from the tenant or
otherwise determines that the tenant remains in occupancy of the premises, upon
the expiration of seven days from the date of the landlord&#8217;s notice to the
tenant, there shall be a rebuttable presumption that the premises has been
abandoned by the tenant, and the rental agreement shall be deemed to terminate
on that date. The landlord shall mitigate damages in accordance with §
55.1-1251.

HISTORY: 1974, c. 680, § 55-248.33; 2002, c. 761; 2019, c. 712.