reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1413. Effect of failure of tenant in nonresidential rental property to vacate premises at expiration of term

A tenant from year-to-year, month-to-month, or other definite term in a nonresidential rental property shall not, by his mere failure to vacate the premises upon the expiration of the lease, be held as tenant for another term when such failure is not due to his willfulness, negligence, or other avoidable cause, but such tenant shall be liable to the lessor for use and occupation of the premises and also for any loss or damage sustained by the lessor because of such failure to surrender possession at the time stipulated.
Code 1919, § 5517; Code 1950, § 55-223; 2017, c. 730; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1414. Abandonment of nonresidential rental property

If any tenant from whom rent is owing and unpaid abandons a nonresidential rental property and leaves such premises unoccupied, and if the tenant's personal property that is subject to distress is not sufficient to satisfy the rent owed, the lessor or his agent may post a written notice on a conspicuous part of the premises requiring the tenant to pay the rent within 10 days from the date of such notice, in the case of a monthly tenant, or within one month from the date of such notice, in the case of a yearly tenant. If the owed rent is not paid within the time specified in the notice, the lessor shall be entitled to possession of the premises and may enter the premises, and the right of such tenant to possess the premises shall terminate, but the landlord may recover the rent up to such termination.
Code 1919, § 5518; Code 1950, § 55-224; 2017, c. 730; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1415. Failure to pay certain rents after five days' notice forfeits right of possession

If any tenant or lessee of nonresidential rental property who is in default in the payment of rent continues to be in default five days after receipt of written notice that requires possession of the premises or the payment of rent, such tenant or lessee forfeits his right to possession of the premises. In such case, the possession of the defendant may, at the option of the landlord or lessor, be deemed unlawful, and he may proceed to recover possession of the premises.
The right to evict a tenant whose right of possession has been terminated in any nonresidential tenancy under this chapter may be effectuated by self-help eviction without further legal process so long as such eviction does not incite a breach of the peace. However, nothing in this section shall be construed to preclude termination of any nonresidential tenancy by the filing of an unlawful detainer action as provided by Article 13 (§ 8.01-124 et seq.) of Chapter 3 of Title 8.01, entry of an order of possession, and eviction pursuant to § 55.1-1416.
Code 1919, § 5448; Code 1950, § 55-225; 2008, c. 489; 2018, c. 221; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1417. Who may recover rent or possession

Notwithstanding any rule of court to the contrary, (i) any person licensed under the provisions of § 54.1-2106.1, (ii) any property manager or the managing agent of a landlord as defined in § 55.1-1200 pursuant to the written property management agreement, or directors, or by a manager, a general partner, or a trustee, of a partnership, association, corporation, limited liability company, limited partnership, professional corporation, professional limited liability company, registered limited liability partnership, registered limited liability limited partnership, business trust, or family trust to sign pleadings as the agent of the business entity, may obtain a judgment (a) for possession in the general district court for the county or city in which the premises, or part thereof, is situated or (b) for rent or damages, including actual damages for breach of the rental agreement, or for final rent and damages under § 8.01-128, in any general district court where venue is proper under Chapter 5 (§ 8.01-257 et seq.) of Title 8.01, against any defendant if the person seeking such judgment had a contractual agreement with the landlord to manage the premises for which rent or possession is due and may prepare, execute, file, and have served on other parties in any general district court a warrant in debt, suggestion for summons in garnishment, garnishment summons, order of possession, writ of eviction, or writ of fieri facias arising out of a landlord-tenant relationship. However, the activities of any such person in court shall be limited by the provisions of § 16.1-88.03. However, nothing shall be construed as preventing a nonlawyer from requesting relief from the court as provided by law or statute when such nonlawyer is before the court on one of the actions specified herein.
1983, c. 8, § 55-246.1; 1989, c. 612; 1998, c. 452; 2003, cc. 665, 667; 2004, cc. 338, 365; 2010, c. 550; 2013, c. 563; 2015, c. 190; 2018, c. 221; 2019, cc. 180, 477, 700, 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1418. Remedy when rent is to be paid in other thing than money

When goods are distrained or attached for rent reserved in a share of the crop, or in anything other than money, the claimant of the rent shall give the tenant 10 days' notice, and the claimant may then apply to the court to which the attachment is returnable, or the circuit court of the county or city in which the distress is made, to ascertain the value in money of the rent reserved and to order a sale of the goods distrained or attached. The tenant may make the same defenses that he could to a motion on a forfeited forthcoming bond given for rent and may also contest the value of what was reserved for the rent. The court shall ascertain, either by its own judgment or, if either party requires it, by the verdict of a jury impaneled without the formality of pleading, the extent of the liability of the tenant for rent and the value in money of such rent and if the tenant has been served with notice shall enter judgment against him for the amount so ascertained. It shall also order the goods distrained or attached, or so much thereof as may be necessary, to be sold to pay the amount so ascertained. The officer charged with the execution of such warrant or attachment shall return such warrant or attachment to the clerk's office of the court, showing how he has executed such warrant or attachment. If the goods so directed to be sold prove insufficient to pay the amount of the rent so ascertained, an execution may be issued on the judgment as in case of other judgments, which may be levied on such property as would be leviable under an execution issued on a judgment in an action brought to recover the rent.
Code 1919, § 5529; Code 1950, § 55-238; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1419. Proceedings to establish right of reentry; judgment

Any person who has a right of reentry into lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant or condition, may serve a declaration in ejectment on the tenant in possession, if any, or, if the possession is vacant, by posting the declaration upon the front door of the building, or at any other notorious place on the premises, and such service shall be in lieu of a demand and reentry. Upon proof to the court, by affidavit in case of judgment by default or upon proof on the trial, that the rent claimed was due and no sufficient distress was upon the premises, or that the covenant or condition was broken before the service of the declaration and that the plaintiff had power to reenter, he shall recover judgment and have execution for such lands.
Code 1919, § 5530; Code 1950, § 55-239; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1420. When defendant barred of relief

Should the defendant to a proceeding filed pursuant to § 55.1-1419, or other person on his behalf, not pay the rent in arrear, with interest and costs, nor file a complaint for relief against such forfeiture, within 12 months after execution executed, he shall be barred of all right to be restored to such lands or tenements.
Code 1919, § 5531; Code 1950, § 55-240; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1421. How trustee or mortgagee relieved from the forfeiture

Any mortgagee or trustee of lands subject to a proceeding filed pursuant to § 55.1-1419 may, within 12 months after execution executed, pay the rent and all arrears, with interest and costs, or file a complaint for relief against such forfeiture; and thereupon may be relieved against it, on the same terms and conditions as the owner of such lands or tenements would be entitled to.
Code 1919, § 5532; Code 1950, § 55-241; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1422. How owner relieved in court

If the owner of lands subject to a proceeding filed pursuant to § 55-1419, or any person having right or claim to such land, files within the appropriate time his complaint for relief, he shall not have or continue any injunction against the proceedings at law on the ejectment, unless, within 30 days following a full and perfect answer filed by the plaintiff in ejectment, he brings into court, or deposits in a bank within the Commonwealth to the credit of the cause, such money as the plaintiff in ejectment, in his answers, swears to be due and in arrear, over and above all just allowances and also the costs taxed in the action, there to remain until the hearing of the cause, or to be paid out to the plaintiff on good security, subject to the order of the court. If the complaint is filed within the appropriate time, and after execution executed, the plaintiff shall be accountable for no more than he, really and bona fide, without fraud, deceit, or willful neglect, makes of the premises from the time of his entering into the actual possession of the premises, and if it is less than the rent payable, then the possession shall not be restored until the plaintiff is paid the balance of the rent for the time he so held the lands.
Code 1919, § 5533; Code 1950, § 55-242; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1423. How judgment of forfeiture prevented

If any party having right or claim to lands subject to a proceeding filed pursuant to § 55.1-1419, at any time before the trial in such ejectment, pays to the party entitled to such rent, or to his attorney, or pays into court, all the rent and arrears owed, along with any reasonable attorney fees and late charges contracted for in a written rental agreement, interest, and costs, all further proceedings in the ejectment shall cease. If the person claiming the land is relieved, he is entitled to hold the land in the same manner as he was prior to the commencement of the proceedings, without a new lease or conveyance. If the parties dispute the amount of rent and other charges owed, the court shall take evidence on the issue and make orders for the tender, payment, or refund of any appropriate amounts.
Code 1919, § 5534; Code 1950, § 55-243; 1992, c. 427; 1998, c. 269; 2010, c. 793; 2012, c. 788; 2013, c. 563; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1424. When action for reentry brought

Proceedings for ejectment shall not be initiated until the time for reentry of the premises specified in the rental agreement has lapsed.
Code 1919, § 5535; Code 1950, § 55-244; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1425. Written act of reentry to be returned and recorded and certificate of reentry published

When actual reentry is made, the party by or for whom the reentry is made shall return a written act of reentry, sworn to by the sheriff or another authorized officer, to the clerk of the circuit court of the county or city in which the lands or tenements are located. The clerk shall record the written act of reentry in the deed book and shall deliver to the party making the reentry a certificate setting forth the substance of such written act. Such certificate shall be published at least once a week for two months successively in a newspaper published in or nearest to such county or city. Such publication shall be proved by affidavit to the satisfaction of the clerk, who shall record such affidavit in the deed book. Such affidavit shall reference the book and page where the original written act of reentry was recorded. The clerk shall return the original act of reentry to the party entitled to it. The written act of reentry, when recorded, and the record of such written act, or a duly certified copy from such record, shall be evidence, in all cases, of the facts contained therein.
Code 1919, § 5536; Code 1950, § 55-245; 2014, c. 330; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1426. Fee of clerk

The clerk shall be paid for recording, granting certificate, and noting publication, as required by § 55.1-1425, the fee prescribed in subdivision A 2 of § 17.1-275 and shall collect and account for the same tax upon every such act of reentry offered for record as is levied by law upon deeds of conveyance.
Code 1919, § 5537; Code 1950, § 55-246; 1994, c. 432; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1427. How person entitled to lands may be restored to his possession

If the person entitled to lands subject to a proceeding filed pursuant to § 55.1-1419 at the time of reentry made, or having claim to such lands, does not pay the rent and all arrears owed, with interest and all reasonable expenses incurred about such reentry, within one year from the first day of publication pursuant to § 55.1-1425, he shall be forever barred from all right to the lands. If any party who has the right of possession pays the rent and arrears owed, with interest and expenses pursuant to this section, to the party making reentry, within the required time, he shall be reinstated in his possession to hold as if the reentry had not been made.
Code 1919, § 5538; Code 1950, § 55-247; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 14 - Nonresidential Tenancies › § 55.1-1428. Limitation of action against person in possession by reentry

No person who, or who with his predecessor in title under whom he claims, has possessed lands by virtue of a reentry for the term of two years shall be disturbed therein by action or otherwise for any defect of proceedings in such entry.
Code 1919, § 5539; Code 1950, § 55-248; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 15 - Residential Ground Rent Act › § 55.1-1500. Definitions

As used in this chapter:
"Land" is a three-dimensional concept and includes parcels with upper or lower boundaries, or both upper and lower boundaries, as well as parcels extending ab solo usque ad coelum. Parcels of airspace constitute land within the meaning of this chapter. Any requirement in this chapter of a legally sufficient description shall be deemed to include a requirement that the upper and lower boundaries, if any, of the parcel in question be identified with reference to established data.
"Obligee" means any person or entity to whom a residential ground rent is owed.
"Obligor" means one or more individuals who are obligated to pay a residential ground rent.
"Residential ground rent" means a rent or charge paid for the use of land, whether or not title to such land is transferred to the user, or a lease of land, for personal residential purposes, (i) which is assignable by the obligor without the obligee's consent; (ii) which is for a term in excess of 15 years, including any rights of renewal at the option of the obligor; (iii) where the obligor has a present or future right to terminate such ground rent and to acquire the entire interest of the obligee in the land by the payment of a determined or determinable amount; and (iv) where the obligee's interest in the land is primarily a security interest to protect his right to be paid the rent or charge.
1975, c. 363, § 55-79.01; 1992, c. 438; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 15 - Residential Ground Rent Act › § 55.1-1501. Form of instrument

Any agreement in which a residential ground rent is created shall:
1. Be reduced to writing;
2. Be in recordable form; and
3. Disclose the date, the names of the parties, the ground rent and any future adjustments to the ground rent, when such rent is payable, the duration of the agreement, and the value of the land at the time the agreement is made. If the parties agree to the amount for which the ground rent may be redeemed, such amount shall also be included in the agreement. Such agreement shall be included as a part of the deed or other instrument of transfer.
1975, c. 363, § 55-79.02; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 15 - Residential Ground Rent Act › § 55.1-1502. Changes in amount of rent

The amount of a residential ground rent may be changed on demand of either the obligor or obligee at the end of five years from the date of the agreement, and every five years thereafter, by giving notice to the other party by certified mail or overnight delivery using a commercial service or the United States Postal Service between 90 and 60 days prior to such fifth anniversary. Unless the parties agree otherwise, such change in ground rent shall not exceed the percentage change for the preceding three years in the Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor or such other instrument or agency of the United States or of the Commonwealth as may be designated by the General Assembly. The first of such years shall constitute the base year.
1975, c. 363, § 55-79.03; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 15 - Residential Ground Rent Act › § 55.1-1503. Encumbrance on real property

A residential ground rent shall constitute a lien against the real estate from the time it is recorded. Any deed of trust or mortgage may provide that a default in payment of ground rent shall constitute a default in such deed of trust or mortgage, that the trustee or beneficiary of the deed of trust or mortgage may satisfy such obligation for rent, and that the money used to satisfy such obligation, along with interest, shall be a part of the debt secured, to be repaid as provided in § 55.1-320 et seq.
1975, c. 363, § 55-79.04; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 15 - Residential Ground Rent Act › § 55.1-1504. Redemption rights

The obligor shall have the right to redeem a residential ground rent at any time after three years from the date the ground rent agreement is made. The redemption shall be effected for the amount agreed upon by the obligor and the obligee or, in the absence of such an agreement, shall be determined by capitalizing the ground rent in effect at the time of redemption, using the average rate on long-term business loans charged by commercial banks in the southeast, as published by the Federal Reserve Board. Upon tender of such amount by the obligor, together with any lawfully collectible arrearages of rent and interest thereon, the obligor may redeem the land from, and shall be entitled to a release from, all obligation to pay ground rent. Such release shall be in recordable form and the cost of recording the same, together with any other charges incidental to it, other than the state transfer tax, shall be paid by the obligor.
1975, c. 363, § 55-79.05; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 15 - Residential Ground Rent Act › § 55.1-1505. Incorporation of agreement into deed

A ground rent agreement made pursuant to the provisions of this chapter may be incorporated into the deed or other instrument of transfer in the following form:
This deed is subject to annual ground rent or charge as follows:
1. Date of agreement: ______;
2. Parties:
a. Obligor: ______; and
b. Obligee: ______;
3. Ground rent and any future adjustments to it: ______;
4. When payable: ______;
5. Duration: ______;
6. Original value of land: ______; and
7. Redemption price, if agreed on: ______.
1975, c. 363, § 55-79.06; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 16 - Leases › § 55.1-1600. Form of a lease

A lease may be made in a form substantially similar to the following: "This lease, made the ____ day of ______, in the year ____, between (herein insert the names of parties), witnesseth: that the said ______ does (or do) demise unto the said ______, his personal representative and assigns, all (here describe the property) from the ____ day of ______, for the term of ______, thence ensuing, yielding therefor during the said term the rent of (here state the rent and mode of payment). Witness the following signature (or signatures)."
Code 1919, § 5165; Code 1950, § 55-57; 2019, cc. 11, 49, 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 16 - Leases › § 55.1-1601. Memoranda of leases and options

A. In lieu of the recording of a lease, a memorandum of such lease may be recorded, executed by the lessor and the lessee in the manner that would entitle a conveyance to be recorded. Such memorandum of lease shall contain at least the following information with respect to the lease:
1. The name of the lessor;
2. The name of the lessee and a reference to the lease;
3. The addresses, if any, set forth in the lease as addresses of such parties;
4. The date of the memorandum of such lease;
5. A description of the leased premises; and
6. A statement of the term, commencement date or termination date, and rights of extension or renewal, if any, to the extent required to determine the period for which or date to which the lease may be in effect.
B. In lieu of the recording of an option to purchase real estate, a memorandum of such option may be recorded, executed by the grantor of the option in the manner that would entitle a conveyance to be recorded. Such memorandum of option to purchase real estate shall contain at least the following information with respect to the option:
1. The name of the person granting the option;
2. The name of the optionee and a reference to the option;
3. The addresses, if any, set forth in the agreement as addresses of such parties;
4. The date of the memorandum of the option;
5. A description of the optioned premises;
6. The option price or reference to the document containing the method with regard to how the option price is computed; and
7. The statement of the term, commencement date or termination date, and rights of extension or renewal, if any, to the extent required to determine the period during which or date to which the option may be in effect.
1978, c. 628, § 55-57.1; 1982, c. 365; 1984, c. 573; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 16 - Leases › § 55.1-1602. Certain covenants of lessee "to pay the rent" and "to pay the taxes."

In a lease, (i) a covenant by the lessee "to pay the rent" shall have the effect of a covenant that the rent reserved by the lease shall be paid to the lessor, or those entitled under the lessor, in the manner stated in the lease, and (ii) a covenant by the lessee "to pay the taxes" shall have the effect of a covenant that all the taxes, levies, and assessments upon the demised premises, or upon the lessor on account thereof, shall be paid by the lessee or those claiming under the lessee.
Code 1919, § 5178; Code 1950, § 55-76; 2019, cc. 11, 49, 712; 2020, c. 592.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 16 - Leases › § 55.1-1603. Certain covenants of lessee that "he will not assign without leave" and that "he will leave the premises in good repair."

In a lease, (i) a covenant by the lessee that "he will not assign without leave" shall have the same effect as a covenant that the lessee will not, during the term, assign, transfer, or set over the premises, or any part of such premises, to any person without the consent, in writing, of the lessor or the lessor's representative or assigns, and (ii) a covenant by the lessee that "he will leave the premises in good repair" shall, subject to the qualifications of § 55.1-1411, have the same effect as a covenant that the demised premises will, at the expiration or other sooner determination of the term, be peaceably surrendered and yielded to the lessor or the lessor's representatives or assigns in good and substantial repair and condition, reasonable wear and tear excepted.
Code 1919, § 5179; Code 1950, § 55-77; 2019, cc. 11, 49, 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 16 - Leases › § 55.1-1604. Covenant of lessor "for lessee's quiet enjoyment."

A covenant by a lessor "for the lessee's quiet enjoyment of his term" shall have the same effect as a covenant that the lessee, or the lessee's personal representative or lawful assigns, paying the rent reserved and performing his covenants, shall peaceably possess and enjoy the demised premises, for the term granted, without any interruption or disturbance from any person.
Code 1919, § 5181; Code 1950, § 55-78; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 16 - Leases › § 55.1-1605. Effect of provision for reentry by lessor

If a lease provides that "the lessor may reenter for default of ____ days in the payment of rent, or for the breach of covenants," it has the effect of an agreement that if the rent reserved, or any part of such rent, is unpaid for such number of days after the day on which it was due, or if any of the other covenants on the part of the lessee or his personal representative or assigns is broken, then, in either of such cases, the lessor, or those entitled in the lessor's place, at any time afterwards may reenter into and upon the demised premises, or any part of such premises, in the name of the whole, and the same again have, repossess, and enjoy, as of his former estate.
Code 1919, § 5182; Code 1950, § 55-79; 2019, cc. 11, 49, 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 17 - Emblements › § 55.1-1700. Law of emblements

In all cases, the right to emblements shall be as at common law, provided, however, that in any sale of land under a deed of trust or mortgage, such sale shall be made subject to the right and interest of a tenant in any crop planted by him under a bona fide lease for no more than one year, entered into by him with the mortgagor after the execution of such deed of trust or mortgage, but during such time as the mortgagor is allowed to remain in possession of the mortgaged premises and before the premises is advertised for sale under such deed of trust, or under an order in an action brought for the foreclosure of such deed of trust or mortgage.
Code 1919, § 5540; 1928, p. 1146; 1938, p. 762; Code 1950, § 55-249; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 17 - Emblements › § 55.1-1701. What rent tenant entitled to emblements to pay

The tenant who is entitled to emblements, or his personal representative, shall pay a reasonable rent for the land occupied by the emblements in the same proportion as such land bears in quantity and value to the entire premises. Such rent shall be apportioned among the owners of the reversion, if there is more than one, according to their respective interests.
Code 1919, § 5441; Code 1950, § 55-250; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 17 - Emblements › § 55.1-1702. Compensation to outgoing tenant for preparation of land for crop

In the case of an outgoing tenant, those who succeed to the land shall pay such outgoing tenant reasonable compensation for any preparation of such land by the tenant for the purpose of planting a crop if the outgoing tenant, or his personal representative, would have been entitled to emblements had the crop been planted by him.
Code 1919, § 5542; Code 1950, § 55-251; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 17 - Emblements › § 55.1-1703. Lessee of life tenant may hold land through end of year on death of tenant; apportionment of rent

If there is a tenant for life or other uncertain interest in land that is leased to another, upon the death of such tenant for life or termination of such other uncertain interest, the lessee may hold the land through the end of the current year of the tenancy, paying rent. The rent, if it is reserved in money, shall be apportioned between the tenant for life or other uncertain interest, or his personal representative, and those who succeed to the land. If rent is reserved in kind, it shall be paid to the tenant for life or other uncertain interest, or his personal representative, and the tenant or his personal representative, as the case may be, shall pay to those who succeed to the land a reasonable rent, in money, from the expiration of the life estate or other uncertain interest to the end of the current year of the tenancy. The rent to be paid to those who succeed to the land shall be a charge in preference to other claims on the rent received in kind by such tenant or his personal representative.
Code 1919, § 5543; Code 1950, § 55-252; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1802. Developer to register and file annual report; payment of real estate taxes attributable to the common area

A. Unless control of the association has been transferred to the members, the developer shall register the association with the Common Interest Community Board within 30 days after recordation of the declaration and thereafter shall ensure that the report required pursuant to § 55.1-1835 and any required update has been filed.
B. Upon the transfer of the common area to the association, the developer shall pay all real estate taxes attributable to the open or common space as defined in § 58.1-3284.1 through the date of the transfer to the association.
1993, c. 956, § 55-509.1; 2018, c. 733; 2019, c. 712; 2023, cc. 387, 388.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1803. Limitation on certain contracts and leases by declarant

A. If entered into any time prior to the expiration of the period of declarant control contemplated by the declaration, no contract or lease entered into with the declarant or any entity controlled by the declarant, management contract, or employment contract that is directly or indirectly made by or on behalf of the association, its board of directors, or the lot owners as a group shall be entered into for a period in excess of five years. Any such contract or agreement may be terminated without penalty by the association or its board of directors upon not less than 90 days' written notice to the other party given no later than 60 days after the expiration of the period of declarant control contemplated by the declaration.
B. If entered into any time prior to the expiration of the period of declarant control contemplated by the declaration, any contract or lease entered into with the declarant or any entity controlled by the declarant, management contract, or employment contract that is directly or indirectly made by or on behalf of the association, its board of directors, or the lot owners as a group may be renewed for periods not in excess of five years; however, at the end of any five-year period, the association or its board of directors may terminate any further renewals or extensions of such contract or lease.
C. If entered into at any time prior to the expiration of the period of declarant control contemplated by the declaration, any contract, lease, or agreement, other than those subject to the provisions of subsection A or B, may be entered into by or on behalf of the association, its board of directors, or the lot owners as a group if such contract, lease, or agreement is bona fide and is commercially reasonable to the association at the time entered into under the circumstances.
D. This section shall be strictly construed to protect the rights of the lot owners.
2012, c. 671, § 55-509.1:1; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1805. Association charges

Except as expressly authorized in this chapter, in the declaration, or otherwise provided by law, no association shall (i) make an assessment or impose a charge against a lot or a lot owner unless the charge is a fee for services provided or related to use of the common area or (ii) charge a fee related to the issuance of a resale certificate pursuant to § 55.1-2309 or 55.1-2311 except as expressly authorized in § 55.1-2316. Nothing in this chapter shall be construed to authorize an association or common interest community manager to charge an inspection fee for an unimproved or improved lot except as provided in § 55.1-2316. The Common Interest Community Board may assess a monetary penalty for a violation of this section against any (a) association pursuant to § 54.1-2351 or (b) common interest community manager pursuant to § 54.1-2349, and may issue a cease and desist order pursuant to § 54.1-2352.
2008, cc. 851, § 55-509.3, 871; 2011, c. 334; 2014, c. 216; 2015, c. 277; 2019, c. 712; 2020, c. 592; 2023, cc. 387, 388.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1806. Rental of lots

A. Except as expressly authorized in this chapter, in the declaration, or as otherwise provided by law, no association shall:
1. Condition or prohibit the rental to a tenant of a lot by a lot owner or make an assessment or impose a charge except as provided in § 55.1-1805;
2. Charge a rental fee, application fee, or other processing fee of any kind in excess of $50 during the term of any lease;
3. Charge an annual or monthly rental fee or any other fee not expressly authorized in § 55.1-1805;
4. Require the lot owner to use a lease or an addendum to the lease prepared by the association;
5. Charge any deposit from the lot owner or the tenant of the lot owner;
6. Have the authority to evict a tenant of any lot owner or to require any lot owner to execute a power of attorney authorizing the association to evict such a tenant; or
7. Refuse to recognize a person designated by the lot owner as the lot owner's authorized representative under the provisions of § 55.1-1823. Notwithstanding the foregoing, the requirements of § 55.1-1828 and the declaration shall be satisfied before any such representative may exercise a vote on behalf of a lot owner as a proxy.
B. The association may require the lot owner to provide the association with (i) the names and contact information of and vehicle information for the tenants and authorized occupants under such lease and (ii) the name and contact information of any authorized agent of the lot owner. The association may require the lot owner to provide the association with the tenant's acknowledgment of and consent to any rules and regulations of the association.
C. The provisions of this section shall not apply to lots owned by the association.
2015, c. 277, § 55-509.3:1; 2016, c. 471; 2019, c. 712; 2022, cc. 65, 66.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1807. Statement of lot owner rights

Every lot owner who is a member in good standing of a property owners' association shall have the following rights:
1. The right of access to all books and records kept by or on behalf of the association according to and subject to the provisions of § 55.1-1815, including records of all financial transactions;
2. The right to cast a vote on any matter requiring a vote by the association's membership in proportion to the lot owner's ownership interest, unless the declaration provides otherwise;
3. The right to have notice of any meeting of the board of directors, to make a record of any such meeting by audio or visual means, and to participate in any such meeting in accordance with the provisions of subsection G of § 55.1-1815 and § 55.1-1816;
4. The right to have (i) notice of any proceeding conducted by the board of directors or other tribunal specified in the declaration against the lot owner to enforce any rule or regulation of the association and (ii) the opportunity to be heard and represented by counsel at such proceeding, as provided in § 55.1-1819, and the right of due process in the conduct of that hearing; and
5. The right to serve on the board of directors if duly elected and a member in good standing of the association, unless the declaration provides otherwise.
The rights enumerated in this section shall be enforceable by any such lot owner pursuant to the provisions of § 55.1-1828.
2015, c. 286, § 55-509.3:2; 2018, c. 663; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1817. Distribution of information by members

The board of directors shall establish a reasonable, effective, and free method, appropriate to the size and nature of the association, for lot owners to communicate among themselves and with the board of directors regarding any matter concerning the association.
2001, c. 715, § 55-510.2; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1818. Common areas; notice of pesticide application

The association shall post notice of all pesticide applications in or upon the common areas. Such notice shall consist of conspicuous signs placed in or upon the common areas where the pesticide will be applied at least 48 hours prior to the application.
2011, c. 264, § 55-510.3; 2019, c. 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1819.1. Limitation of smoking in development

Except to the extent that the declaration provides otherwise, the board of directors may establish reasonable rules that restrict smoking in the development, including rules that prohibit smoking in the common areas. For developments that include attached private dwelling units, such rules may prohibit smoking within such dwelling units. Rules adopted pursuant to this section may be enforced in accordance with § 55.1-1819.
2021, Sp. Sess. I, c. 131.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1820. Display of the flag of the United States; necessary supporting structures; affirmative defense

A. In accordance with the federal Freedom to Display the American Flag Act of 2005 (P.L. 109-243), no association shall prohibit any lot owner from displaying upon property to which the lot owner has a separate ownership interest or a right to exclusive possession or use the flag of the United States whenever such display is in compliance with Chapter 1 of Title 4 of the United States Code (4 U.S.C. § 1 et seq.), or any rule or custom pertaining to the proper display of the flag. The association may, however, establish reasonable restrictions as to the size, place, duration, and manner of placement or display of the flag on such property, provided that such restrictions are necessary to protect a substantial interest of the association.
B. The association may restrict the display of such flag in the common areas.
C. In any action brought by the association under § 55.1-1819 for violation of a flag restriction, the association shall bear the burden of proof that the restrictions as to the size, place, duration, and manner of placement or display of such flag are necessary to protect a substantial interest of the association.
D. In any action brought by the association under § 55.1-1819, the lot owner shall be entitled to assert as an affirmative defense that the required disclosure of any limitations pertaining to the display of flags or any flagpole or similar structure necessary to display such flags was not contained in the resale certificate as required by § 55.1-2310.
2000, c. 891, § 55-513.1; 2007, cc. 854, 910; 2008, cc. 851, 871; 2010, cc. 166, 453; 2019, c. 712; 2023, cc. 387, 388.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1820.1. Installation of solar energy collection devices

A. As used in this section, "solar energy collection device" means any device manufactured and sold for the sole purpose of facilitating the collection and beneficial use of solar energy, including passive heating panels or building components and solar photovoltaic apparatus.
B. No association shall prohibit an owner from installing a solar energy collection device on that owner's property unless the recorded declaration for the association establishes such a prohibition. However, an association may establish reasonable restrictions concerning the size, place, and manner of placement of such solar energy collection devices on property designated and intended for individual ownership and use. Any resale certificate issued pursuant to § 55.1-2309 given to a purchaser shall contain a statement setting forth any restriction, limitation, or prohibition on the right of an owner to install or use solar energy collection devices on his property.
C. A restriction shall be deemed not to be reasonable if application of the restriction to a particular proposal (i) increases the cost of installation of the solar energy collection device by five percent over the projected cost of the initially proposed installation or (ii) reduces the energy production by the solar energy collection device by 10 percent below the projected energy production of the initially proposed installation. The owner shall provide documentation prepared by an independent solar panel design specialist, who is certified by the North American Board of Certified Energy Practitioners and is licensed in Virginia, that is satisfactory to the association to show that the restriction is not reasonable according to the criteria established in this subsection.
D. The association may prohibit or restrict the installation of solar energy collection devices on the common elements or common area within the real estate development served by the association. An association may establish reasonable restrictions as to the number, size, place, and manner of placement or installation of any solar energy collection device installed on the common elements or common area.
2006, c. 939, §§ 67-700, 67-701; 2008, c. 881; 2009, c. 866; 2013, c. 357; 2014, c. 525; 2020, cc. 272, 795; 2021, Sp. Sess. I, c. 387; 2023, cc. 387, 388.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1821. Home-based businesses permitted; compliance with local ordinances

A. Except to the extent that the declaration provides otherwise, no association shall prohibit any lot owner from operating a home-based business within his personal residence. The association may, however, establish (i) reasonable restrictions as to the time, place, and manner of the operation of a home-based business and (ii) reasonable restrictions as to the size, place, duration, and manner of the placement or display of any signs on the owner's lot related to such home-based business. Any home-based business shall comply with all applicable local ordinances.
B. If a development is located in a locality that classifies home-based child care services as an accessory or ancillary residential use under the locality's zoning ordinance, the provision of home-based child care services in a personal residence shall be deemed a residential use unless expressly (i) prohibited or restricted by the declaration or (ii) restricted by the association's bylaws or rules as provided in subsection A.
2013, c. 310, § 55-513.2; 2019, cc. 2, 30, 712.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1822. Use of for sale signs in connection with sale

Except as expressly authorized in this chapter or in the declaration or as otherwise provided by law, no association shall require the use of any for sale sign that is (i) an association sign or (ii) a real estate sign that does not comply with the requirements of the Real Estate Board. An association may, however, prohibit the placement of signs in the common area and establish reasonable rules and regulations that regulate (a) the number of real estate signs to be located on real property upon which the owner has a separate ownership interest or a right of exclusive possession, so long as at least one real estate sign is permitted; (b) the geographical location of real estate signs on real property in which the owner has a separate ownership interest or a right of exclusive possession, so long as the location of the real estate signs complies with the requirements of the Real Estate Board; (c) the manner in which real estate signs are affixed to real property; and (d) the period of time after settlement when the real estate signs on such real property shall be removed.
2008, cc. 851, 871, § 55-509.4; 2010, c. 165; 2014, c. 216; 2016, c. 471; 2017, cc. 387, 405; 2018, c. 226; 2019, c. 712; 2023, cc. 387, 388.
2023 Code of Virginia › Title 55.1 - Property and Conveyances › Chapter 18 - Property Owners' Association Act › § 55.1-1823. Designation of authorized representative

Except as expressly authorized in this chapter or in the declaration or as otherwise provided by law, no association shall require any lot owner to execute a formal power of attorney if the lot owner designates a person licensed under the provisions of § 54.1-2106.1 as the lot owner's authorized representative, and the association shall recognize such representation without a formal power of attorney, provided that the association is given a written authorization that includes the designated representative's name, contact information, and license number and the lot owner's signature. Notwithstanding the foregoing, the requirements of § 13.1-849 of the Virginia Nonstock Corporation Act (§ 13.1-801 et seq.) and the association's declaration, bylaws, and articles of incorporation shall be satisfied before any such representative may exercise a vote on behalf of a lot owner as a proxy.
2008, cc. 851, 871, § 55-509.4; 2010, c. 165; 2014, c. 216; 2016, c. 471; 2017, cc. 387, 405; 2018, c. 226; 2019, c. 712; 2022, cc. 65, 66; 2023, cc. 387, 388.