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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 55-248.35 of the Code of Virginia is amended and reenacted as follows:
§ 55-248.35. Remedy after termination.
If the rental agreement is terminated, the landlord may have a claim for
possession and for rent and a separate claim for actual damages for breach of
the rental agreement and, reasonable attorney's fees as
provided in § 55-248.31, and the cost of service of any notice under
§ 55-225 or § 55-248.31 or process by a sheriff or private process
server which cost shall not exceed the amount authorized by §
55-248.31:1, which claims may be enforced, without limitation, by the
institution of an action for unlawful entry or detainer. Actual damages for
breach of the rental agreement may include a claim for such rent as would have
accrued until the expiration of the term thereof or until a tenancy pursuant to
a new rental agreement commences, whichever first occurs; provided that nothing
herein contained shall diminish the duty of the landlord to mitigate actual
damages for breach of the rental agreement. In obtaining post-possession
judgments for actual damages as defined herein, the landlord shall not be
required to seek a judgment for accelerated rent through the end of the term of
the tenancy.
In any unlawful detainer action brought by the landlord, this section shall not be construed to prevent the landlord from being granted by the court a simultaneous judgment for money due and for possession of the premises without a credit for any security deposit. Upon the tenant vacating the premises either voluntarily or by a writ of possession, security deposits shall be credited to the tenants' account by the landlord in accordance with the requirements of § 55-248.11.