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2005 SESSION
059606784Be it enacted by the General Assembly of Virginia:
1. That § 55-248.21:1 of the Code of Virginia is amended and reenacted as follows:
§ 55-248.21:1. Early termination of rental agreement by military personnel.
A. Any member of the armed forces of the United States or a
member of the Virginia National Guard serving on full-time duty or as a
Civil Service technician with a the National Guard unit may,
through the procedure detailed in subsection B, terminate his rental agreement
if the member (i) has received permanent change of station orders to depart thirty-five35
miles or more (radius) from the location of the dwelling unit; (ii) has
received temporary duty orders in excess of three months' duration to depart thirty-five35
miles or more (radius) from the location of the dwelling unit; (iii) is
discharged or released from active duty with the armed forces of the United
States or from his full-time duty or technician status with the Virginia
National Guard; or (iv) is ordered to report to government-supplied quarters
resulting in the forfeiture of basic allowance for quarters.
B. Tenants who qualify to terminate a rental agreement
pursuant to subsection A shall do so by serving on the landlord a written
notice of termination to be effective on a date stated therein, said date to be
not less than thirty30 days after receipt of the notice. The
termination date shall be no more than sixty60 days prior to the
date of departure necessary to comply with the official orders or any
supplemental instructions for interim training or duty prior to the transfer.
Prior to the termination date, the tenant shall furnish the landlord with a
copy of the official notification of the orders or a signed letter, confirming
the orders, from the tenant's commanding officer.
The final rent shall be prorated to the date of termination and shall be payable at such time as would have otherwise been required by the terms of the rental agreement, together with any liquidated damages due pursuant to subsection C.
C. If Except as provided in subsection D, if the
tenant has resided in the property for at least twelve12 months,
no liquidated damages may be charged by the landlord. In consideration of early
termination of the rental agreement where the tenant has resided in the
property for less than twelve months, the landlord may require that the tenant
pay to the landlord liquidated damages in an amount no greater than:
1. One month's rent if the tenant has completed less than six months of the tenancy as of the effective date of termination, or
2. One-half of one month's rent if the tenant has completed at least six but less than twelve months of the tenancy as of the effective date of termination.
D. If the tenant is called to active federal military duty, no liquidated damages may be charged by the landlord, regardless of the duration the tenant has resided in the property.
E. Nothing in this section shall affect the tenant's obligations established by § 55-248.16.
E.F. The exemption provided in subdivision 10 of
subsection A of § 55-248.5 shall not apply to this section.
2. That an emergency exists and this act is in force from its passage.