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VIRGINIA STATUTES AND CODES

55-248.5 - Exemptions; exception to exemption.

§ 55-248.5. Exemptions; exception to exemption.

A. Except as specifically made applicable by § 55-248.21:1, the followingconditions are not governed by this chapter:

1. Residence at a public or private institution, if incidental to detentionor the provision of medical, geriatric, educational, counseling, religious orsimilar services;

2. Occupancy under a contract of sale of a dwelling unit or the property ofwhich it is a part, if the occupant is the purchaser or a person who succeedsto his interest;

3. Occupancy by a member of a fraternal or social organization in the portionof a structure operated for the benefit of the organization;

4. Occupancy in a hotel, motel, vacation cottage, boardinghouse or similarlodging held out for transients, unless let continuously to one occupant formore than thirty days, including occupancy in a lodging subject to taxationas provided in § 58.1-3819;

5. Occupancy by an employee of a landlord whose right to occupancy isconditioned upon employment in and about the premises or an ex-employee whoseoccupancy continues less than sixty days;

6. Occupancy by an owner of a condominium unit or a holder of a proprietarylease in a cooperative;

7. Occupancy under a rental agreement covering premises used by the occupantprimarily in connection with business, commercial or agricultural purposes;

8. Occupancy in a public housing unit or other housing unit subject toregulation by the Department of Housing and Urban Development where suchregulation is inconsistent with this chapter;

9. Occupancy by a tenant who pays no rent; and

10. Occupancy in single-family residences where the owner(s) are naturalpersons or their estates who own in their own name no more than tensingle-family residences subject to a rental agreement; or in the case ofcondominium units or single-family residences located in any city or in anycounty having either the urban county executive form or county manager planof government, no more than four.

B. Notwithstanding the provisions of subsection A, the landlord mayspecifically provide for the applicability of the provisions of this chapterin the rental agreement.

(1974, c. 680; 1975, c. 314; 1977, c. 427; 1983, c. 244; 1985, c. 314; 1988,cc. 184, 602; 1991, c. 552; 2000, c. 760.)

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