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2002 SESSION

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026025756
HOUSE BILL NO. 775 Offered January 9, 2002 Prefiled January 9, 2002 A BILL to amend and reenact § 55-248.34 of the Code of Virginia, relating to the Virginia Residential Landlord Tenant Act; waiver of landlord's right to terminate lease. ---------- Patron-- Hall ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That § 55-248.34 of the Code of Virginia is amended and reenacted as follows:

§ 55-248.34. Waiver of landlord's right to terminate.

Unless the landlord accepts the rent with reservation of his right to proceed with lease termination, and gives a written notice to the tenant of such acceptance within five business days of receipt of the rent, acceptance of periodic rent payments with knowledge in fact of a material noncompliance by the tenant shall constitute a waiver of the landlord's right to terminate the rental agreement. Except as provided in § 55-243, if the landlord has given the tenant written notice that the rent payments have been accepted with reservation of his right to proceed with lease termination, the landlord may accept full payment of all rent payments and still be entitled to receive an order of possession terminating the rental agreement.

For purposes of this section, "knowledge of material noncompliance" means the landlord has actual knowledge of a material noncompliance or, from all the facts and circumstances known to the landlord at the time in question, he has reason to know that a material noncompliance exists.