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2005 SESSION
053690520Be it enacted by the General Assembly of Virginia:
1. That § 55-248.46 of the Code of Virginia is amended and reenacted as follows:
§ 55-248.46. Termination of tenancy.
A. Either party may terminate a rental agreement which is for
a term of sixty 60 days or more by giving written notice to the
other at least sixty 60 days prior to the termination date;
however, the rental agreement may require a longer period of notice.
Notwithstanding the provisions of this section, where a landlord and seller of
a manufactured home have in common (i) one or more owners, (ii) immediate family
members, or (iii) officers or directors, the rental agreement shall be renewed
except for reasons that would justify a termination of the rental agreement or
eviction by the landlord as authorized by this chapter. A landlord may not
cause the eviction of a tenant by willfully interrupting gas, electricity,
water or any other essential service, or by removal of the manufactured home
from the manufactured home lot, or by any other willful self-help measure.
B. If the termination is due to rehabilitation or a change in
the use of all or any part of a manufactured home park by the landlord, a 120-180
day written notice is required to terminate a rental agreement. Changes
shall include, but not be limited to, conversion to hotel, motel, or other
commercial use; planned unit development; rehabilitation; demolition; or sale
to a contract purchaser. This 120180-day notice requirement shall
not be waived; however, a period of less than 120 180 days may be
agreed upon by both the landlord and tenant in a written agreement separate
from the rental agreement or lease executed after such notice is given and
applicable only to the 120180-day notice period.