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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.