                                 CODE OF VIRGINIA

LEASES ON BEHALF OF PERSONS UNDER DISABILITY; NEW LEASES (§ 8.01-74)

A. Leases on behalf of persons under a disability. &#8212; 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
&#xA7; 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. New leases. &#8212; 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.

HISTORY: Code 1950, § 8-674; 1952, c. 360; 1977, c. 617.