Virginia Code 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.
Terms Used In Virginia Code 55.1-1419
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Code 1919, § 5530; Code 1950, § 55-239; 2019, c. 712.