2006 Code of Virginia § 55-248.37 - Periodic tenancy; holdover remedies

55-248.37. Periodic tenancy; holdover remedies.

A. The landlord or the tenant may terminate a week-to-week tenancy by servinga written notice on the other at least seven days prior to the next rent duedate. The landlord or the tenant may terminate a month-to-month tenancy byserving a written notice on the other at least 30 days prior to the next rentdue date.

B. If the tenant remains in possession without the landlord's consent afterexpiration of the term of the rental agreement or its termination, thelandlord may bring an action for possession and may also recover actualdamages, reasonable attorneys' fees, and court costs, unless the tenantproves by a preponderance of the evidence that the failure of the tenant tovacate the dwelling unit as of the termination date was reasonable. Thelandlord may include in the rental agreement a liquidated damage penalty, notto exceed an amount equal to the per diem of the monthly rent, for each daythe tenant remains in the dwelling unit after the termination date specifiedin the landlord's notice. If the landlord consents to the tenant's continuedoccupancy, 55-248.7 applies.

C. In the event of termination of a rental agreement and the tenant remainsin possession with the agreement of the landlord either as a hold-over tenantor a month-to-month tenant and no new rental agreement is entered into, theterms of the terminated agreement shall remain in effect and govern thehold-over or month-to-month tenancy, except that the amount of rent shall beeither as provided in the terminated rental agreement or the amount set forthin a written notice to the tenant, provided that such new rent amount shallnot take effect until the next rent due date coming 30 days after the notice.

(1974, c. 680; 1977, c. 427; 1982, c. 260; 2004, c. 123; 2005, c. 805.)