55-248.37 - Periodic tenancy; holdover remedies. - Virginia Statutes

§ 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 reasonable liquidated damagepenalty, not to exceed an amount equal to 150 percent of the per diem of themonthly rent, for each day the tenant remains in the dwelling unit after thetermination date specified in the landlord's notice. However, if the dwellingunit is a public housing unit or other housing unit subject to regulation bythe Department of Housing and Urban Development, any liquidated damagepenalty shall not exceed an amount equal to the per diem of the monthly rentset out in the lease agreement. If the landlord consents to the tenant'scontinued occupancy, § 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; 2009,c. 663.)