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2002 SESSION
027878736Be 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 term 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,
the premises shall be deemed to have been abandoned by the tenant and the rental
agreement shall be deemed to terminate on that date. The landlord shall proceed in
accordance with § 55-248.35.