                                 CODE OF VIRGINIA

REMEDY AFTER TERMINATION (§ 55.1-1251)

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 § 55.1-1245, and
the cost of service of any notice under § 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 § 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.
		In 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&#8217;s account by the landlord in accordance with the requirements of §
55.1-1226.

HISTORY: 1974, c. 680, § 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.