Virginia Code 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.
Terms Used In Virginia Code 55.1-1415
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- nonresidential tenancy: means the rental of any real estate for purposes other than residential use, including business, industrial, or agricultural purposes. See Virginia Code 55.1-1400
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
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.