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2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 55-248.33 of the Code of Virginia is amended and reenacted as follows:
§ 55-248.33. Remedies for absence, nonuse and abandonment.
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. If the landlord rents an abandoned dwelling unit for a term beginning
prior to the expiration of the rental agreement, it is deemed to be terminated
as of the date the new tenancy begins. The rental agreement is deemed to be
terminated by the landlord as of the date the landlord has notice of the
abandonment if the landlord elects to accept the abandonment as a surrender. If
the tenancy is from month to month or week to week, the term of the rental agreement
for this purpose is deemed to be a month or week, as the case may be by the
tenant. If the landlord cannot determine whether the premises have been
abandoned by the tenant, the landlord shall serve written notice on the tenant in
accordance with § 55-248.6 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’s notice to the tenant,
there shall be rebuttable presumption that the premises have 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 § 55-248.35.