SB197: Landlord and tenant law; notice requirements, landlord's acceptance of rent with reservation.
Be it enacted by the General Assembly of Virginia:
1. That §§ 55-225.47 and 55-248.34:1 of the Code of Virginia are amended and reenacted as follows:
§ 55-225.47. Landlord's acceptance of rent with reservation.
A. Provided that the landlord has given written notice to
the tenant that the rent will be accepted with reservation, the The
landlord may accept full or partial payment of all rent and receive an order of
possession from a court of competent jurisdiction pursuant to an unlawful
detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of
Title 8.01 and proceed with eviction under § 55-225.41, provided that the
landlord has stated in a written notice to the tenant that any and all amounts
owed to the landlord by the tenant, including payment of any rent, damages,
money judgment, award of attorney fees, and court costs, would be accepted with
reservation and would not constitute a waiver of the landlord's right to evict
the tenant from the dwelling unit. Such notice shall may be
included in a written termination notice given by the landlord to the tenant in
accordance with § 55-225.43 or in a separate written notice given by the
landlord to the tenant within five business days of receipt of the rent,
and if so included, nothing herein shall be construed by a court of law or
otherwise as requiring such landlord to give the tenant subsequent written
notice. Unless the landlord has given such notice in a termination
notice in accordance with § 55-225.43, the landlord shall continue to give a
separate written notice to the tenant within five business days of receipt of
the rent that the landlord continues to accept the rent with reservation in
accordance with this section until such time as the violation alleged in the
termination notice has been remedied or the matter has been adjudicated in a
court of competent jurisdiction. If the dwelling unit is a public housing
unit or other housing unit subject to regulation by the Department of Housing
and Urban Development, the landlord shall be deemed to have accepted rent
with reservation pursuant to this subsection if the landlord gives the tenant
the written notice required herein for the portion of the rent paid by the
tenant nothing herein shall be construed to require that written notice
be given to any public agency paying a portion of the rent under the rental
agreement. If a landlord enters into a new written rental agreement with
the tenant prior to eviction, an order of possession obtained prior to the
entry of such new rental agreement is not enforceable.
B. Subsequent to the entry of an order of possession by a
court of competent jurisdiction but prior to eviction pursuant to § 55-225.41,
the landlord may accept all amounts owed to the landlord by the tenant,
including full payment of any money judgment, award of attorney fees, and court
costs, and all subsequent rents that may be paid prior to eviction, and proceed
with eviction, provided that the landlord has given the tenant written notice
that any such payment would be accepted with reservation and would not
constitute a waiver of the landlord's right to evict the tenant from the
dwelling unit. However, if a landlord enters into a new written rental
agreement with the tenant prior to eviction, an order of possession obtained
prior to the entry of such new rental agreement is not enforceable. Such notice
shall be given in a separate written notice given by the landlord within five
business days of receipt of payment of such money judgment, attorney fees and
court costs, and all subsequent rents that may be paid prior to eviction. If
the dwelling unit is a public housing unit or other housing unit subject to
regulation by the Department of Housing and Urban Development, the landlord
shall be deemed to have accepted rent with reservation pursuant to this
subsection if the landlord gives the tenant the written notice required herein
for the portion of the rent paid by the tenant. Writs of possession in cases of
unlawful entry and detainer are otherwise subject to § 8.01-471.
C. However, the tenant may pay or present to the court
a redemption tender for payment of all rent due and owing as of the return
date, including late charges, attorney fees, and court costs, at or before the
first return date on an action for unlawful detainer. For purposes of this
section, "redemption tender" means a written commitment to pay all
rent due and owing as of the return date, including late charges, attorney
fees, and court costs, by a local government or nonprofit entity within 10 days
of said return date.
D. C. If the tenant presents a redemption tender
to the court at the return date, the court shall continue the action for
unlawful detainer for 10 days following the return date for payment to the
landlord of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs and dismissal of the action upon such
payment. Should the landlord not receive full payment of all rent due and owing
as of the return date, including late charges, attorney fees, and court costs,
within 10 days of the return date, the court shall, without further evidence,
grant to the landlord judgment for all amounts due and immediate possession of
the premises.
E. D. In cases of unlawful detainer, a tenant
may pay the landlord or his attorney or pay into court all (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, and (v) costs of
the proceeding as provided by law, at which time the unlawful detainer
proceeding shall be dismissed. A tenant may invoke the rights granted in this
section no more than one time during any 12-month period of continuous
residency in the dwelling unit, regardless of the term of the rental agreement
or any renewal term thereof.
§ 55-248.34:1. Landlord's acceptance of rent with reservation.
A. Provided the landlord has given written notice to the
tenant that the rent will be accepted with reservation, the The
landlord may accept full or partial payment of all rent and receive an order of
possession from a court of competent jurisdiction pursuant to an unlawful
detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of
Title 8.01 and proceed with eviction under § 55-248.38:2, provided that the
landlord has stated in a written notice to the tenant that any and all amounts
owed to the landlord by the tenant, including payment of any rent, damages,
money judgment, award of attorney fees, and court costs, would be accepted with
reservation and would not constitute a waiver of the landlord's right to evict
the tenant from the dwelling unit. Such notice shall may be
included in a written termination notice given by the landlord to the tenant in
accordance with § 55-248.31 or in a separate written notice given by the
landlord to the tenant within five business days of receipt of the rent. Unless
the landlord has given such notice in a termination notice in accordance with §
55-248.31, the landlord shall continue to give a separate written notice to the
tenant within five business days of receipt of the rent that the landlord
continues to accept the rent with reservation in accordance with this section
until such time as the violation alleged in the termination notice has been
remedied or the matter has been adjudicated in a court of competent
jurisdiction, and if so included, nothing herein shall be construed by a
court of law or otherwise as requiring such landlord to give the tenant
subsequent written notice. If the dwelling unit is a public housing unit or
other housing unit subject to regulation by the Department of Housing and Urban
Development, the landlord shall be deemed to have accepted rent with
reservation pursuant to this subsection if the landlord gives the tenant the
written notice required herein for the portion of the rent paid by the tenant
nothing herein shall be construed to require that written notice be given to
any public agency paying a portion of the rent under the rental agreement. If a
landlord enters into a new written rental agreement with the tenant prior to
eviction, an order of possession obtained prior to the entry of such new rental
agreement is not enforceable.
B. Subsequent to the entry of an order of possession by a
court of competent jurisdiction but prior to eviction pursuant to §
55-248.38:2, the landlord may accept all amounts owed to the landlord by the
tenant, including full payment of any money judgment, award of attorney fees
and court costs, and all subsequent rents that may be paid prior to eviction,
and proceed with eviction provided that the landlord has given the tenant
written notice that any such payment would be accepted with reservation and
would not constitute a waiver of the landlord's right to evict the tenant from
the dwelling unit. However, if a landlord enters into a new written rental
agreement with the tenant prior to eviction, an order of possession obtained prior
to the entry of such new rental agreement is not enforceable. Such notice shall
be given in a separate written notice given by the landlord within five
business days of receipt of payment of such money judgment, attorney fees and
court costs, and all subsequent rents that may be paid prior to eviction. If
the dwelling unit is a public housing unit or other housing unit subject to
regulation by the Department of Housing and Urban Development, the landlord
shall be deemed to have accepted rent with reservation pursuant to this
subsection if the landlord gives the tenant the written notice required herein
for the portion of the rent paid by the tenant. Writs of possession in cases of
unlawful entry and detainer are otherwise subject to § 8.01-471.
C. However, the tenant may pay or present to the court
a redemption tender for payment of all rent due and owing as of the return
date, including late charges, attorney fees and court costs, at or before the
first return date on an action for unlawful detainer. For purposes of this
section, "redemption tender" means a written commitment to pay all
rent due and owing as of the return date, including late charges, attorney
fees, and court costs, by a local government or nonprofit entity within 10 days
of said return date.
D. C. If the tenant presents a redemption tender
to the court at the return date, the court shall continue the action for
unlawful detainer for 10 days following the return date for payment to the
landlord of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs and dismissal of the action upon such
payment. Should the landlord not receive full payment of all rent due and owing
as of the return date, including late charges, attorney fees, and court costs, within
10 days of the return date, the court shall, without further evidence, grant to
the landlord judgment for all amounts due and immediate possession of the
premises.
E. D. In cases of unlawful detainer, a tenant
may pay the landlord or his attorney or pay into court all (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, and (v) costs
of the proceeding as provided by law, at which time the unlawful detainer
proceeding shall be dismissed. A tenant may invoke the rights granted in this
section no more than one time during any 12-month period of continuous
residency in the dwelling unit, regardless of the term of the rental agreement
or any renewal term thereof.
Be it enacted by the General Assembly of Virginia:
1. That §§ 55-225.47 and 55-248.34:1 of the Code of Virginia are amended and reenacted as follows:
§ 55-225.47. Landlord's acceptance of rent with reservation.
A. Provided that the landlord has given written notice to
the tenant that the rent will be accepted with reservation, the The
landlord may accept full or partial payment of all rent and receive an order of
possession from a court of competent jurisdiction pursuant to an unlawful
detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of
Title 8.01 and proceed with eviction under § 55-225.41, provided that the
landlord has stated in a written notice to the tenant that any and all amounts
owed to the landlord by the tenant, including payment of any rent, damages,
money judgment, award of attorney fees, and court costs, would be accepted with
reservation and would not constitute a waiver of the landlord's right to evict
the tenant from the dwelling unit. Such notice shall may be
included in a written termination notice given by the landlord to the tenant in
accordance with § 55-225.43 or in a separate written notice given by the
landlord to the tenant within five business days of receipt of the rent,
and if so included, nothing herein shall be construed by a court of law or
otherwise as requiring such landlord to give the tenant subsequent written
notice. Unless the landlord has given such notice in a termination
notice in accordance with § 55-225.43, the landlord shall continue to give a
separate written notice to the tenant within five business days of receipt of
the rent that the landlord continues to accept the rent with reservation in
accordance with this section until such time as the violation alleged in the
termination notice has been remedied or the matter has been adjudicated in a
court of competent jurisdiction. If the dwelling unit is a public housing unit
or other housing unit subject to regulation by the Department of Housing and
Urban Development, the landlord shall be deemed to have accepted rent with
reservation pursuant to this subsection if the landlord gives the tenant the
written notice required herein for the portion of the rent paid by the tenant
nothing herein shall be construed to require that written notice be given to
any public agency paying a portion of the rent under the rental agreement. If
a landlord enters into a new written rental agreement with the tenant prior to
eviction, an order of possession obtained prior to the entry of such new rental
agreement is not enforceable.
B. Subsequent to the entry of an order of possession by a
court of competent jurisdiction but prior to eviction pursuant to § 55-225.41,
the landlord may accept all amounts owed to the landlord by the tenant,
including full payment of any money judgment, award of attorney fees, and court
costs, and all subsequent rents that may be paid prior to eviction, and proceed
with eviction, provided that the landlord has given the tenant written notice
that any such payment would be accepted with reservation and would not
constitute a waiver of the landlord's right to evict the tenant from the
dwelling unit. However, if a landlord enters into a new written rental
agreement with the tenant prior to eviction, an order of possession obtained
prior to the entry of such new rental agreement is not enforceable. Such notice
shall be given in a separate written notice given by the landlord within five
business days of receipt of payment of such money judgment, attorney fees and
court costs, and all subsequent rents that may be paid prior to eviction. If
the dwelling unit is a public housing unit or other housing unit subject to
regulation by the Department of Housing and Urban Development, the landlord
shall be deemed to have accepted rent with reservation pursuant to this
subsection if the landlord gives the tenant the written notice required herein
for the portion of the rent paid by the tenant. Writs of possession in cases of
unlawful entry and detainer are otherwise subject to § 8.01-471.
C. However, the tenant may pay or present to the court
a redemption tender for payment of all rent due and owing as of the return
date, including late charges, attorney fees, and court costs, at or before the
first return date on an action for unlawful detainer. For purposes of this
section, "redemption tender" means a written commitment to pay all
rent due and owing as of the return date, including late charges, attorney
fees, and court costs, by a local government or nonprofit entity within 10 days
of said return date.
D. C. If the tenant presents a redemption tender
to the court at the return date, the court shall continue the action for
unlawful detainer for 10 days following the return date for payment to the
landlord of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs and dismissal of the action upon such
payment. Should the landlord not receive full payment of all rent due and owing
as of the return date, including late charges, attorney fees, and court costs,
within 10 days of the return date, the court shall, without further evidence,
grant to the landlord judgment for all amounts due and immediate possession of
the premises.
E. D. In cases of unlawful detainer, a tenant
may pay the landlord or his attorney or pay into court all (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, and (v) costs
of the proceeding as provided by law, at which time the unlawful detainer
proceeding shall be dismissed. A tenant may invoke the rights granted in this
section no more than one time during any 12-month period of continuous
residency in the dwelling unit, regardless of the term of the rental agreement
or any renewal term thereof.
§ 55-248.34:1. Landlord's acceptance of rent with reservation.
A. Provided the landlord has given written notice to the
tenant that the rent will be accepted with reservation, the The
landlord may accept full or partial payment of all rent and receive an order of
possession from a court of competent jurisdiction pursuant to an unlawful
detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of
Title 8.01 and proceed with eviction under § 55-248.38:2, provided that the
landlord has stated in a written notice to the tenant that any and all amounts
owed to the landlord by the tenant, including payment of any rent, damages,
money judgment, award of attorney fees, and court costs, would be accepted with
reservation and would not constitute a waiver of the landlord's right to evict
the tenant from the dwelling unit. Such notice shall may be
included in a written termination notice given by the landlord to the tenant in
accordance with § 55-248.31 or in a separate written notice given by the
landlord to the tenant within five business days of receipt of the rent. Unless
the landlord has given such notice in a termination notice in accordance with §
55-248.31, the landlord shall continue to give a separate written notice to the
tenant within five business days of receipt of the rent that the landlord
continues to accept the rent with reservation in accordance with this section
until such time as the violation alleged in the termination notice has been
remedied or the matter has been adjudicated in a court of competent
jurisdiction, and if so included, nothing herein shall be construed by a
court of law or otherwise as requiring such landlord to give the tenant
subsequent written notice. If the dwelling unit is a public housing unit or
other housing unit subject to regulation by the Department of Housing and Urban
Development, the landlord shall be deemed to have accepted rent with
reservation pursuant to this subsection if the landlord gives the tenant the
written notice required herein for the portion of the rent paid by the tenant
nothing herein shall be construed to require that written notice be given to
any public agency paying a portion of the rent under the rental agreement. If a
landlord enters into a new written rental agreement with the tenant prior to
eviction, an order of possession obtained prior to the entry of such new rental
agreement is not enforceable.
B. Subsequent to the entry of an order of possession by a
court of competent jurisdiction but prior to eviction pursuant to §
55-248.38:2, the landlord may accept all amounts owed to the landlord by the
tenant, including full payment of any money judgment, award of attorney fees
and court costs, and all subsequent rents that may be paid prior to eviction,
and proceed with eviction provided that the landlord has given the tenant
written notice that any such payment would be accepted with reservation and
would not constitute a waiver of the landlord's right to evict the tenant from
the dwelling unit. However, if a landlord enters into a new written rental
agreement with the tenant prior to eviction, an order of possession obtained
prior to the entry of such new rental agreement is not enforceable. Such notice
shall be given in a separate written notice given by the landlord within five
business days of receipt of payment of such money judgment, attorney fees and
court costs, and all subsequent rents that may be paid prior to eviction. If
the dwelling unit is a public housing unit or other housing unit subject to regulation
by the Department of Housing and Urban Development, the landlord shall be
deemed to have accepted rent with reservation pursuant to this subsection if
the landlord gives the tenant the written notice required herein for the
portion of the rent paid by the tenant. Writs of possession in cases of
unlawful entry and detainer are otherwise subject to § 8.01-471.
C. However, the tenant may pay or present to the court
a redemption tender for payment of all rent due and owing as of the return
date, including late charges, attorney fees and court costs, at or before the
first return date on an action for unlawful detainer. For purposes of this
section, "redemption tender" means a written commitment to pay all
rent due and owing as of the return date, including late charges, attorney
fees, and court costs, by a local government or nonprofit entity within 10 days
of said return date.
D. C. If the tenant presents a redemption tender
to the court at the return date, the court shall continue the action for
unlawful detainer for 10 days following the return date for payment to the
landlord of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs and dismissal of the action upon such
payment. Should the landlord not receive full payment of all rent due and owing
as of the return date, including late charges, attorney fees, and court costs,
within 10 days of the return date, the court shall, without further evidence,
grant to the landlord judgment for all amounts due and immediate possession of
the premises.
E. D. In cases of unlawful detainer, a tenant
may pay the landlord or his attorney or pay into court all (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, and (v) costs
of the proceeding as provided by law, at which time the unlawful detainer
proceeding shall be dismissed. A tenant may invoke the rights granted in this
section no more than one time during any 12-month period of continuous
residency in the dwelling unit, regardless of the term of the rental agreement or
any renewal term thereof.
Be it enacted by the General Assembly of Virginia:
1. That §§ 55-225.47 and 55-248.34:1 of the Code of Virginia are amended and reenacted as follows:
§ 55-225.47. Landlord's acceptance of rent with reservation.
A. Provided that the landlord has given written notice to
the tenant that the rent will be accepted with reservation, the The landlord
may accept full or partial payment of all rent and receive an order of
possession from a court of competent jurisdiction pursuant to an unlawful
detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of
Title 8.01 and proceed with eviction under § 55-225.41, provided that the
landlord has stated in a written notice to the tenant that any and all amounts
owed to the landlord by the tenant, including payment of any rent, damages,
money judgment, award of attorney fees, and court costs, would be accepted with
reservation and would not constitute a waiver of the landlord's right to evict
the tenant from the dwelling unit. Such notice shall may be
included in a written termination notice given by the landlord to the tenant in
accordance with § 55-225.43 or in a separate written notice given by the
landlord to the tenant within five business days of receipt of the rent,
and if so included, nothing herein shall be construed by a court of law or
otherwise as requiring such landlord to give the tenant subsequent written
notice. Unless the landlord has given such notice in a termination
notice in accordance with § 55-225.43, the landlord shall continue to give a
separate written notice to the tenant within five business days of receipt of
the rent that the landlord continues to accept the rent with reservation in
accordance with this section until such time as the violation alleged in the
termination notice has been remedied or the matter has been adjudicated in a
court of competent jurisdiction. If the dwelling unit is a public housing
unit or other housing unit subject to regulation by the Department of Housing
and Urban Development, the landlord shall be deemed to have accepted rent
with reservation pursuant to this subsection if the landlord gives the tenant
the written notice required herein for the portion of the rent paid by the
tenant nothing herein shall be construed to require that written notice
be given to any public agency paying a portion of the rent under the rental
agreement.
B. Subsequent to the entry of an order of possession by a
court of competent jurisdiction but prior to eviction pursuant to § 55-225.41,
the landlord may accept all amounts owed to the landlord by the tenant,
including full payment of any money judgment, award of attorney fees, and court
costs, and all subsequent rents that may be paid prior to eviction, and proceed
with eviction, provided that the landlord has given the tenant written notice
that any such payment would be accepted with reservation and would not
constitute a waiver of the landlord's right to evict the tenant from the
dwelling unit. However, if a landlord enters into a new written rental
agreement with the tenant prior to eviction, an order of possession obtained
prior to the entry of such new rental agreement is not enforceable. Such notice
shall be given in a separate written notice given by the landlord within five
business days of receipt of payment of such money judgment, attorney fees and
court costs, and all subsequent rents that may be paid prior to eviction. If
the dwelling unit is a public housing unit or other housing unit subject to
regulation by the Department of Housing and Urban Development, the landlord
shall be deemed to have accepted rent with reservation pursuant to this subsection
if the landlord gives the tenant the written notice required herein for the
portion of the rent paid by the tenant. Writs of possession in cases of
unlawful entry and detainer are otherwise subject to § 8.01-471.
C. However, the tenant may pay or present to the court
a redemption tender for payment of all rent due and owing as of the return
date, including late charges, attorney fees, and court costs, at or before the
first return date on an action for unlawful detainer. For purposes of this
section, "redemption tender" means a written commitment to pay all
rent due and owing as of the return date, including late charges, attorney
fees, and court costs, by a local government or nonprofit entity within 10 days
of said return date.
D. C. If the tenant presents a redemption tender
to the court at the return date, the court shall continue the action for
unlawful detainer for 10 days following the return date for payment to the
landlord of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs and dismissal of the action upon such
payment. Should the landlord not receive full payment of all rent due and owing
as of the return date, including late charges, attorney fees, and court costs,
within 10 days of the return date, the court shall, without further evidence,
grant to the landlord judgment for all amounts due and immediate possession of
the premises.
E. D. In cases of unlawful detainer, a tenant
may pay the landlord or his attorney or pay into court all (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, and (v) costs
of the proceeding as provided by law, at which time the unlawful detainer
proceeding shall be dismissed. A tenant may invoke the rights granted in this
section no more than one time during any 12-month period of continuous
residency in the dwelling unit, regardless of the term of the rental agreement
or any renewal term thereof.
§ 55-248.34:1. Landlord's acceptance of rent with reservation.
A. Provided the landlord has given written notice to the tenant
that the rent will be accepted with reservation, the The landlord
may accept full or partial payment of all rent and receive an order of
possession from a court of competent jurisdiction pursuant to an unlawful
detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of
Title 8.01 and proceed with eviction under § 55-248.38:2, provided that the
landlord has stated in a written notice to the tenant that any and all amounts
owed to the landlord by the tenant, including payment of any rent, damages,
money judgment, award of attorney fees, and court costs, would be accepted with
reservation and would not constitute a waiver of the landlord's right to evict
the tenant from the dwelling unit. Such notice [ shall may
] be included in a written termination notice given by the landlord to the
tenant in accordance with § 55-248.31 or in a separate written notice given
by the landlord to the tenant within five business days of receipt of the rent.
Unless the landlord has given such notice in a termination notice in accordance
with § 55-248.31, the landlord shall continue to give a separate written notice
to the tenant within five business days of receipt of the rent that the
landlord continues to accept the rent with reservation in accordance with this
section until such time as the violation alleged in the termination notice has
been remedied or the matter has been adjudicated in a court of competent
jurisdiction [ 55-248.6 55-248.31
] , and if so included, nothing herein shall be construed by a court of
law or otherwise as requiring such landlord to give the tenant subsequent
written notice. If the dwelling unit is a public housing unit or other
housing unit subject to regulation by the Department of Housing and Urban
Development, the landlord shall be deemed to have accepted rent with
reservation pursuant to this subsection if the landlord gives the tenant the
written notice required herein for the portion of the rent paid by the tenant
nothing herein shall be construed to require that written notice be given to
any public agency paying a portion of the rent under the rental agreement.
B. Subsequent to the entry of an order of possession by a
court of competent jurisdiction but prior to eviction pursuant to §
55-248.38:2, the landlord may accept all amounts owed to the landlord by the
tenant, including full payment of any money judgment, award of attorney fees
and court costs, and all subsequent rents that may be paid prior to eviction,
and proceed with eviction provided that the landlord has given the tenant
written notice that any such payment would be accepted with reservation and
would not constitute a waiver of the landlord's right to evict the tenant from
the dwelling unit. However, if a landlord enters into a new written rental
agreement with the tenant prior to eviction, an order of possession obtained
prior to the entry of such new rental agreement is not enforceable. Such notice
shall be given in a separate written notice given by the landlord within five
business days of receipt of payment of such money judgment, attorney fees and
court costs, and all subsequent rents that may be paid prior to eviction. If
the dwelling unit is a public housing unit or other housing unit subject to
regulation by the Department of Housing and Urban Development, the landlord
shall be deemed to have accepted rent with reservation pursuant to this
subsection if the landlord gives the tenant the written notice required herein
for the portion of the rent paid by the tenant. Writs of possession in cases of
unlawful entry and detainer are otherwise subject to § 8.01-471.
C. However, the tenant may pay or present to the court
a redemption tender for payment of all rent due and owing as of the return
date, including late charges, attorney fees and court costs, at or before the
first return date on an action for unlawful detainer. For purposes of this
section, "redemption tender" means a written commitment to pay all
rent due and owing as of the return date, including late charges, attorney
fees, and court costs, by a local government or nonprofit entity within 10 days
of said return date.
D. C. If the tenant presents a redemption tender
to the court at the return date, the court shall continue the action for
unlawful detainer for 10 days following the return date for payment to the
landlord of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs and dismissal of the action upon such
payment. Should the landlord not receive full payment of all rent due and owing
as of the return date, including late charges, attorney fees, and court costs,
within 10 days of the return date, the court shall, without further evidence,
grant to the landlord judgment for all amounts due and immediate possession of
the premises.
E. D. In cases of unlawful detainer, a tenant may
pay the landlord or his attorney or pay into court all (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, and (v) costs of
the proceeding as provided by law, at which time the unlawful detainer
proceeding shall be dismissed. A tenant may invoke the rights granted in this
section no more than one time during any 12-month period of continuous
residency in the dwelling unit, regardless of the term of the rental agreement
or any renewal term thereof.
SENATE BILL NO. 197
Be it enacted by the General Assembly of Virginia:
1. That §§ 55-225.47 and 55-248.34:1 of the Code of Virginia are amended and reenacted as follows:
§ 55-225.47. Landlord's acceptance of rent with reservation.
A. Provided that the
landlord has given written notice to the tenant that the rent will be accepted
with reservation, the The
landlord may accept full or partial payment of all rent and receive an order of
possession from a court of competent jurisdiction pursuant to an unlawful
detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of
Title 8.01 and proceed with eviction under § 55-225.41,
provided that the landlord has stated
in a written notice to the tenant that any and all amounts
owed to the landlord by the tenant, including payment of any rent, damages,
money judgment, award of attorney fees, and court costs, would
be accepted with reservation and would not constitute a waiver of the
landlord's right to evict the tenant from the dwelling unit.
Such notice shall may
be included in a written termination notice given by the landlord to the tenant
in accordance with § 55-225.43 or in a separate
written notice given by the landlord to the tenant within five business days of
receipt of the rent, and if so included,
nothing herein shall be construed by a court of law or otherwise as requiring
such landlord to give the tenant subsequent written notice. Unless the landlord has given such notice in a
termination notice in accordance with § 55-225.43, the landlord shall continue
to give a separate written notice to the tenant within five business days of
receipt of the rent that the landlord continues to accept the rent with
reservation in accordance with this section until such time as the violation
alleged in the termination notice has been remedied or the matter has been
adjudicated in a court of competent jurisdiction. If the
dwelling unit is a public housing unit or other housing unit subject to
regulation by the Department of Housing and Urban Development, the landlord shall be deemed to have accepted rent
with reservation pursuant to this subsection if the landlord gives the tenant
the written notice required herein for the portion of the rent paid by the
tenant nothing herein
shall be construed to require that written
notice be given to any public agency paying a portion of the rent under the
rental agreement.
B. Subsequent to the entry
of an order of possession by a court of competent jurisdiction but prior to
eviction pursuant to § 55-225.41, the landlord may accept all amounts owed to
the landlord by the tenant, including full payment of any money judgment, award
of attorney fees, and court costs, and all subsequent rents that may be paid
prior to eviction, and proceed with eviction, provided that the landlord has
given the tenant written notice that any such payment would be accepted with
reservation and would not constitute a waiver of the landlord's right to evict
the tenant from the dwelling unit. However, if a landlord enters into a new
written rental agreement with the tenant prior to eviction, an order of
possession obtained prior to the entry of such new rental agreement is not
enforceable. Such notice shall be given in a separate written notice given by
the landlord within five business days of receipt of payment of such money
judgment, attorney fees and court costs, and all subsequent rents that may be
paid prior to eviction. If the dwelling unit is a public housing unit or other
housing unit subject to regulation by the Department of Housing and Urban
Development, the landlord shall be deemed to have accepted rent with
reservation pursuant to this subsection if the landlord gives the tenant the
written notice required herein for the portion of the rent paid by the tenant.
Writs of possession in cases of unlawful entry and detainer are otherwise
subject to § 8.01-471.
C. However,
the tenant may pay or present to the court a redemption tender for payment of
all rent due and owing as of the return date, including late charges, attorney
fees, and court costs, at or before the first return date on an action for
unlawful detainer. For purposes of this section, "redemption tender"
means a written commitment to pay all rent due and owing as of the return date,
including late charges, attorney fees, and court costs, by a local government
or nonprofit entity within 10 days of said return date.
D. C. If the tenant presents a
redemption tender to the court at the return date, the court shall continue the
action for unlawful detainer for 10 days following the return date for payment
to the landlord of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs and dismissal of the action upon such
payment. Should the landlord not receive full payment of all rent due and owing
as of the return date, including late charges, attorney fees, and court costs,
within 10 days of the return date, the court shall, without further evidence,
grant to the landlord judgment for all amounts due and immediate possession of
the premises.
E. D. In cases of unlawful
detainer, a tenant may pay the landlord or his attorney or pay into court all
(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, and (v) costs of the proceeding as provided by law, at which
time the unlawful detainer proceeding shall be dismissed. A tenant may invoke
the rights granted in this section no more than one time during any 12-month
period of continuous residency in the dwelling unit, regardless of the term of
the rental agreement or any renewal term thereof.
§ 55-248.34:1. Landlord's acceptance of rent with reservation.
A. Provided the landlord
has given written notice to the tenant that the rent will be accepted with
reservation, the The
landlord may accept full or partial payment of all rent and receive an order of
possession from a court of competent jurisdiction pursuant to an unlawful
detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of
Title 8.01 and proceed with eviction under § 55-248.38:2,
provided that the landlord has stated
in a written notice to the tenant that any and all amounts owed to the landlord
by the tenant, including payment of any rent, damages, money judgment, award of
attorney fees, and court costs, would
be accepted with reservation and would not constitute a waiver of the
landlord's right to evict the tenant from the dwelling unit.
Such notice shall be included in a written termination notice given by the
landlord to the tenant in accordance with §
55-248.31 or in a separate written notice given by the
landlord to the tenant within five business days of receipt of the rent. Unless
the landlord has given such notice in a termination notice in accordance with §
55-248.31, the landlord shall continue to give a separate written notice to the
tenant within five business days of receipt of the rent that the landlord
continues to accept the rent with reservation in accordance with this section
until such time as the violation alleged in the termination notice has been
remedied or the matter has been adjudicated in a court of competent
jurisdiction 55-248.6, and if so
included, nothing herein shall be construed by a court of law or otherwise as
requiring such landlord to give the tenant subsequent written notice.
If the dwelling unit is a public housing unit or other housing unit subject to
regulation by the Department of Housing and Urban Development, the landlord shall be deemed to have accepted rent
with reservation pursuant to this subsection if the landlord gives the tenant
the written notice required herein for the portion of the rent paid by the
tenant nothing
herein shall be construed to require that
written notice be given to any public agency paying a portion of the rent under
the rental agreement.
B. Subsequent to the entry
of an order of possession by a court of competent jurisdiction but prior to
eviction pursuant to § 55-248.38:2, the landlord may accept all amounts owed to
the landlord by the tenant, including full payment of any money judgment, award
of attorney fees and court costs, and all subsequent rents that may be paid
prior to eviction, and proceed with eviction provided that the landlord has
given the tenant written notice that any such payment would be accepted with
reservation and would not constitute a waiver of the landlord's right to evict
the tenant from the dwelling unit. However, if a landlord enters into a new
written rental agreement with the tenant prior to eviction, an order of
possession obtained prior to the entry of such new rental agreement is not
enforceable. Such notice shall be given in a separate written notice given by
the landlord within five business days of receipt of payment of such money
judgment, attorney fees and court costs, and all subsequent rents that may be
paid prior to eviction. If the dwelling unit is a public housing unit or other
housing unit subject to regulation by the Department of Housing and Urban
Development, the landlord shall be deemed to have accepted rent with
reservation pursuant to this subsection if the landlord gives the tenant the
written notice required herein for the portion of the rent paid by the tenant.
Writs of possession in cases of unlawful entry and detainer are otherwise
subject to § 8.01-471.
C.
However, the tenant may pay or present to the court a redemption tender for
payment of all rent due and owing as of the return date, including late
charges, attorney fees and court costs, at or before the first return date on
an action for unlawful detainer. For purposes of this section, "redemption
tender" means a written commitment to pay all rent due and owing as of the
return date, including late charges, attorney fees, and court costs, by a local
government or nonprofit entity within 10 days of said return date.
D. C. If the tenant presents a
redemption tender to the court at the return date, the court shall continue the
action for unlawful detainer for 10 days following the return date for payment
to the landlord of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs and dismissal of the action upon such
payment. Should the landlord not receive full payment of all rent due and owing
as of the return date, including late charges, attorney fees, and court costs,
within 10 days of the return date, the court shall, without further evidence,
grant to the landlord judgment for all amounts due and immediate possession of
the premises.
E. D. In cases of unlawful
detainer, a tenant may pay the landlord or his attorney or pay into court all
(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, and (v) costs of the proceeding as provided by law, at which
time the unlawful detainer proceeding shall be dismissed. A tenant may invoke
the rights granted in this section no more than one time during any 12-month
period of continuous residency in the dwelling unit, regardless of the term of
the rental agreement or any renewal term thereof.