2006 Code of Virginia § 55-218.1 - Appointment of resident agent by nonresident property owner; service of process, etc., on such agen...

55-218.1. Appointment of resident agent by nonresident property owner;service of process, etc., on such agent or on Secretary of the Commonwealth.

Any nonresident person as the term "person" is defined in 55-248.4 ofthis title of this Commonwealth who owns and leases residential or commercialreal property consisting of four or more units within a county or city inthis Commonwealth shall have and continuously maintain an agent who is aresident and maintains a business office within this Commonwealth. Everylease executed by or on behalf of nonresident property owners regarding anysuch real property shall specifically designate such agent and the agent'soffice address for the purpose of service of any process, notice, order ordemand required or permitted by law to be served upon such property owner.

Whenever any nonresident property owner fails to appoint or maintain anagent, as required herein, or whenever his agent cannot with reasonablediligence be found, then the Secretary of the Commonwealth shall be an agentof the nonresident property owner upon whom may be served any process,notice, order or demand. Service may be made on the Secretary or any of hisstaff at his office who shall forthwith cause it to be sent by registered orcertified mail addressed to the property owner at his address as shown on thelease.

The name and office address of the agent appointed as provided herein shallbe filed in the office of the clerk of the court in which deeds are recordedin the county or city wherein the property lies. Recordation shall be in thesame book as certificates of fictitious names are recorded as provided by 59.1-74 for which the clerk shall be entitled to a fee of $10.

No nonresident property owner shall maintain an action in the courts of thisCommonwealth concerning property for which a designation is requiredhereunder until such designation has been filed.

(1973, c. 301; 1987, c. 360; 2006, c. 318.)

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