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2021 SPECIAL SESSION I
21102649DPatrons-- Price, Cole, J.G., Adams, D.M., Bourne, Carter, Guzman, Helmer, Hope, Keam, Kory, Levine, Plum, Rasoul, Roem, Samirah, Simon, Ward and Watts; Senator: Boysko
Be it enacted by the General Assembly of Virginia:
1. That § 55.1-1250 of the Code of Virginia is amended and reenacted as follows:
§ 55.1-1250. Landlord's acceptance of rent with reservation; tenant's right of redemption.
A. The landlord may accept
full or partial payment of rent and receive an order of
possession from a court of competent jurisdiction pursuant to an unlawful
detainer action filed under Article 13 (§ 8.01-124 et seq.) of Chapter 3 of
Title 8.01 and proceed with eviction under § 55.1-1255, provided that the
landlord has stated in a written notice to the tenant that any and all amounts
owed to the landlord by the tenant, including payment of any rent, damages,
money judgment, award of attorney fees, and court costs, would be accepted with
reservation and would not constitute a waiver of the landlord's right to evict
the tenant from the dwelling unit. Such notice may be included in a written
termination notice given by the landlord to the tenant in accordance with §
55.1-1245, and if so included, nothing herein shall be
construed by a court of law or otherwise as requiring such landlord to give the
tenant subsequent written notice. Such notice shall
include the following language: "Any partial payment of rent made before
or after a judgment of possession is ordered will not prevent your landlord
from taking action to evict you. However, full payment of all amounts you owe
the landlord, including any rent, damages, money judgment, award
of attorney fees, and court costs made at least two days before the scheduled
eviction will cause the eviction to be cancelled." If
the landlord elects to seek possession of the dwelling unit
pursuant to § 8.01-126, the landlord shall provide a copy of this notice to the
court for service to the tenant along with the
summons for unlawful detainer. If the dwelling unit is a
public housing unit or other housing unit subject to regulation by the U.S.
Department of Housing and Urban Development, nothing in this section shall be
construed to require that written notice be given to any public agency paying a
portion of the rent under the rental agreement. If a landlord enters into a new
written rental agreement with the tenant prior to eviction, an order of
possession obtained prior to the entry of such new rental agreement is not
enforceable.
B. The tenant may pay or present to the court a redemption
tender for payment of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs, at or before the first return date on
an action for unlawful detainer. For
purposes of this section, "redemption tender" means a written
commitment to pay all rent due and owing as of the return date, including late
charges, attorney fees, and court costs, by a local government or nonprofit
entity within 10 days of such return date.
C. If
the tenant presents a redemption tender to the court at the return date, the
court shall continue the action for unlawful detainer for 10 days following the
return date for payment to the landlord of all rent due and owing as of the
return date, including late charges, attorney fees, and court costs, and
dismiss the action upon such payment. Should the landlord not receive full payment
of all rent due and owing as of the return date, including late charges,
attorney fees, and court costs, within 10 days of the return date, the court
shall, without further evidence, grant to the landlord judgment for all amounts
due and immediate possession of the premises. For
purposes of this section, "redemption tender" means a written
commitment to pay all rent due and owing as of the return date, including late
charges, attorney fees, and court costs, by a local government or nonprofit
entity within 10 days of such return date.
D. C. In cases of unlawful
detainer, a tenant, or any third party
on behalf of a tenant, may pay the landlord or the
landlord's attorney or pay into court all (i) rent due and owing as of the
court date as contracted for in the rental agreement, (ii) other charges and
fees as contracted for in the rental agreement, (iii) late charges contracted
for in the rental agreement and as provided by
law, (iv) reasonable attorney fees as contracted for in the
rental agreement or and as provided by law, and
(v) costs of the proceeding as provided by law, at
which time the unlawful detainer proceeding shall be dismissed. If such payment
has not been made as of the return date for the unlawful detainer, the tenant may
pay to the landlord, the landlord's attorney, or the
court all amounts claimed on the summons in unlawful detainer, including
current rent, damages, late charges, costs of court, any civil recovery,
attorney fees, and sheriff fees,
including the sheriff's fees for service of the writ of eviction if payment is
made after issuance of the writ, no less than two
business days before the date scheduled by the officer to whom the
writ of eviction has been delivered to be executed,
and upon such payment the unlawful detainer proceeding shall be dismissed and
any judgment or writ of eviction issued pursuant to the proceeding shall be
vacated. Any payments made by the tenant shall be by
cashier's check, certified check, or money order. A
tenant may invoke the rights granted in this section no more than one time
during any 12-month period of continuous residency in the dwelling unit,
regardless of the term of the rental agreement or any renewal term of the
rental agreement.