2006 Code of Virginia § 55-248.33 - Remedies for absence, nonuse and abandonment

55-248.33. Remedies for absence, nonuse and abandonment.

If the rental agreement requires the tenant to give notice to the landlord ofan anticipated extended absence in excess of seven days and the tenant failsto do so, the landlord may recover actual damages from the tenant. During anyabsence of the tenant in excess of seven days, the landlord may enter thedwelling unit at times reasonably necessary to protect his possessions andproperty. The rental agreement is deemed to be terminated by the landlord asof the date of abandonment by the tenant. If the landlord cannot determinewhether the premises have been abandoned by the tenant, the landlord shallserve written notice on the tenant in accordance with 55-248.6 requiringthe tenant to give written notice to the landlord within seven days that thetenant intends to remain in occupancy of the premises. If the tenant givessuch written notice to the landlord, or if the landlord otherwise determinesthat the tenant remains in occupancy of the premises, the landlord shall nottreat the premises as having been abandoned. Unless the landlord receiveswritten notice from the tenant or otherwise determines that the tenantremains in occupancy of the premises, upon the expiration of seven days fromthe date of the landlord's notice to the tenant, there shall be rebuttablepresumption that the premises have been abandoned by the tenant and therental agreement shall be deemed to terminate on that date. The landlordshall mitigate damages in accordance with 55-248.35.

(1974, c. 680; 2002, c. 761.)

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