§ 55-248.34:1. Landlord's acceptance of rent with reservation.
A. Provided the landlord has given written notice to the tenant that the rentwill be accepted with reservation, the landlord may accept full payment ofall rent and receive an order of possession from a court of competentjurisdiction pursuant to an unlawful detainer action filed under Chapter 13(§ 8.01-374 et seq.) of Title 8.01. Such notice shall be included in awritten termination notice given by the landlord to the tenant in accordancewith § 55-248.31 or in a separate written notice given by the landlord to thetenant within five business days of receipt of the rent. Unless the landlordhas 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 tenantwithin five business days of receipt of the rent that the landlord continuesto accept the rent with reservation in accordance with this section untilsuch time as the violation alleged in the termination notice has beenremedied or the matter has been adjudicated in a court of competentjurisdiction. If the dwelling unit is a public housing unit or other housingunit subject to regulation by the Department of Housing and UrbanDevelopment, the landlord shall be deemed to have accepted rent withreservation pursuant to this subsection if the landlord gives the tenant thewritten notice required herein for the portion of the rent paid by the tenant.
B. Subsequent to the entry of an order of possession by a court of competentjurisdiction but prior to eviction pursuant to § 55-248.38:2, the landlordmay accept full payment of any money judgment, award of attorney fees andcourt costs, and proceed with eviction provided that the landlord has giventhe tenant written notice that any such payment would be accepted withreservation and would not constitute a waiver of the landlord's right toevict the tenant from the dwelling unit. Such notice shall be given in aseparate written notice given by the landlord within five business days ofreceipt of payment of such money judgment, attorney fees and court costs. Ifthe dwelling unit is a public housing unit or other housing unit subject toregulation by the Department of Housing and Urban Development, the landlordshall be deemed to have accepted rent with reservation pursuant to thissubsection if the landlord gives the tenant the written notice requiredherein for the portion of the rent paid by the tenant.
C. However, the tenant may pay or present to the court a redemption tenderfor payment of all rent due and owing as of the return date, including latecharges, attorney fees and court costs, at or before the first return date onan action for unlawful detainer. For purposes of this section, "redemptiontender" means a written commitment to pay all rent due and owing as of thereturn date, including late charges, attorney fees, and court costs, by alocal government or nonprofit entity within 10 days of said return date.
D. If the tenant presents a redemption tender to the court at the returndate, the court shall continue the action for unlawful detainer for 10 daysfollowing the return date for payment to the landlord of all rent due andowing as of the return date, including late charges, attorney fees, and courtcosts and dismissal of the action upon such payment. Should the landlord notreceive 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 thereturn date, the court shall, without further evidence, grant to the landlordjudgment for all amounts due and immediate possession of the premises.
E. In cases of unlawful detainer, the tenant may invoke the rights granted inthis section no more than one time during any 12-month period in accordancewith § 55-243.
(2003, c. 427; 2006, c. 667; 2008, c. 489; 2010, c. 793.)
§ 55-248.34:1. Landlord's acceptance of rent with reservation.
A. Provided the landlord has given written notice to the tenant that the rentwill be accepted with reservation, the landlord may accept full payment ofall rent and receive an order of possession from a court of competentjurisdiction pursuant to an unlawful detainer action filed under Chapter 13(§ 8.01-374 et seq.) of Title 8.01. Such notice shall be included in awritten termination notice given by the landlord to the tenant in accordancewith § 55-248.31 or in a separate written notice given by the landlord to thetenant within five business days of receipt of the rent. Unless the landlordhas 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 tenantwithin five business days of receipt of the rent that the landlord continuesto accept the rent with reservation in accordance with this section untilsuch time as the violation alleged in the termination notice has beenremedied or the matter has been adjudicated in a court of competentjurisdiction. If the dwelling unit is a public housing unit or other housingunit subject to regulation by the Department of Housing and UrbanDevelopment, the landlord shall be deemed to have accepted rent withreservation pursuant to this subsection if the landlord gives the tenant thewritten notice required herein for the portion of the rent paid by the tenant.
B. Subsequent to the entry of an order of possession by a court of competentjurisdiction but prior to eviction pursuant to § 55-248.38:2, the landlordmay accept full payment of any money judgment, award of attorney fees andcourt costs, and proceed with eviction provided that the landlord has giventhe tenant written notice that any such payment would be accepted withreservation and would not constitute a waiver of the landlord's right toevict the tenant from the dwelling unit. Such notice shall be given in aseparate written notice given by the landlord within five business days ofreceipt of payment of such money judgment, attorney fees and court costs. Ifthe dwelling unit is a public housing unit or other housing unit subject toregulation by the Department of Housing and Urban Development, the landlordshall be deemed to have accepted rent with reservation pursuant to thissubsection if the landlord gives the tenant the written notice requiredherein for the portion of the rent paid by the tenant.
C. However, the tenant may pay or present to the court a redemption tenderfor payment of all rent due and owing as of the return date, including latecharges, attorney fees and court costs, at or before the first return date onan action for unlawful detainer. For purposes of this section, "redemptiontender" means a written commitment to pay all rent due and owing as of thereturn date, including late charges, attorney fees, and court costs, by alocal government or nonprofit entity within 10 days of said return date.
D. If the tenant presents a redemption tender to the court at the returndate, the court shall continue the action for unlawful detainer for 10 daysfollowing the return date for payment to the landlord of all rent due andowing as of the return date, including late charges, attorney fees, and courtcosts and dismissal of the action upon such payment. Should the landlord notreceive 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 thereturn date, the court shall, without further evidence, grant to the landlordjudgment for all amounts due and immediate possession of the premises.
E. In cases of unlawful detainer, the tenant may invoke the rights granted inthis section no more than one time during any 12-month period in accordancewith § 55-243.
(2003, c. 427; 2006, c. 667; 2008, c. 489; 2010, c. 793.)
§ 55-248.34:1. Landlord's acceptance of rent with reservation.
A. Provided the landlord has given written notice to the tenant that the rentwill be accepted with reservation, the landlord may accept full payment ofall rent and receive an order of possession from a court of competentjurisdiction pursuant to an unlawful detainer action filed under Chapter 13(§ 8.01-374 et seq.) of Title 8.01. Such notice shall be included in awritten termination notice given by the landlord to the tenant in accordancewith § 55-248.31 or in a separate written notice given by the landlord to thetenant within five business days of receipt of the rent. Unless the landlordhas 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 tenantwithin five business days of receipt of the rent that the landlord continuesto accept the rent with reservation in accordance with this section untilsuch time as the violation alleged in the termination notice has beenremedied or the matter has been adjudicated in a court of competentjurisdiction. If the dwelling unit is a public housing unit or other housingunit subject to regulation by the Department of Housing and UrbanDevelopment, the landlord shall be deemed to have accepted rent withreservation pursuant to this subsection if the landlord gives the tenant thewritten notice required herein for the portion of the rent paid by the tenant.
B. Subsequent to the entry of an order of possession by a court of competentjurisdiction but prior to eviction pursuant to § 55-248.38:2, the landlordmay accept full payment of any money judgment, award of attorney fees andcourt costs, and proceed with eviction provided that the landlord has giventhe tenant written notice that any such payment would be accepted withreservation and would not constitute a waiver of the landlord's right toevict the tenant from the dwelling unit. Such notice shall be given in aseparate written notice given by the landlord within five business days ofreceipt of payment of such money judgment, attorney fees and court costs. Ifthe dwelling unit is a public housing unit or other housing unit subject toregulation by the Department of Housing and Urban Development, the landlordshall be deemed to have accepted rent with reservation pursuant to thissubsection if the landlord gives the tenant the written notice requiredherein for the portion of the rent paid by the tenant.
C. However, the tenant may pay or present to the court a redemption tenderfor payment of all rent due and owing as of the return date, including latecharges, attorney fees and court costs, at or before the first return date onan action for unlawful detainer. For purposes of this section, "redemptiontender" means a written commitment to pay all rent due and owing as of thereturn date, including late charges, attorney fees, and court costs, by alocal government or nonprofit entity within 10 days of said return date.
D. If the tenant presents a redemption tender to the court at the returndate, the court shall continue the action for unlawful detainer for 10 daysfollowing the return date for payment to the landlord of all rent due andowing as of the return date, including late charges, attorney fees, and courtcosts and dismissal of the action upon such payment. Should the landlord notreceive 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 thereturn date, the court shall, without further evidence, grant to the landlordjudgment for all amounts due and immediate possession of the premises.
E. In cases of unlawful detainer, the tenant may invoke the rights granted inthis section no more than one time during any 12-month period in accordancewith § 55-243.
(2003, c. 427; 2006, c. 667; 2008, c. 489; 2010, c. 793.)
