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VIRGINIA STATUTES AND CODES

55-222 - Notice to terminate a tenancy; on whom served; when necessary.

§ 55-222. Notice to terminate a tenancy; on whom served; when necessary.

A tenancy from year to year may be terminated by either party giving threemonths' notice, in writing, prior to the end of any year of the tenancy, ofhis intention to terminate the same. A tenancy from month to month may beterminated by either party giving 30 days' notice in writing, prior to thenext rent due date, of his intention to terminate the same. In addition tothe termination rights set forth above, and notwithstanding the terms of thelease, the landlord may terminate the lease due to rehabilitation or a changein the use of all or any part of a building containing at least fourresidential units, upon 120 days' prior written notice to the tenant. Changesshall include but not be limited to conversion to hotel, motel, apartmenthotel or other commercial use, planned unit development, substantialrehabilitation, demolition or sale to a contract purchaser requiring an emptybuilding. This 120-day notice requirement shall not be waived; however, aperiod of less than 120 days may be agreed upon by both the landlord andtenant in a written agreement separate from the rental agreement or leaseexecuted after such notice is given and applicable only to the 120-day noticeperiod. When such notice is to the tenant it may be served upon him or uponanyone holding under him the leased premises, or any part thereof. When it isby the tenant it may be served upon anyone who, at the time, owns thepremises in whole or in part, or the agent of such owner, or according to thecommon law. This section shall not apply when, by special agreement, nonotice is to be given; nor shall notice be necessary from or to a tenantwhose term is to end at a certain time.

The written notice required by this section to terminate a tenancy shall notbe contained in the rental agreement or lease, but shall be a separatewriting.

(Code 1919, § 5516; 1981, c. 155; 1986, c. 428; 1987, c. 473; 2004, c. 123;2007, c. 634.)

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