55-225 - Failure to pay certain rents after five days' notice forfeits right of possession. - Virginia Statutes

§ 55-225. Failure to pay certain rents after five days' notice forfeits rightof possession.

If any tenant or lessee of premises in a city or town, or in any subdivisionof suburban and other lands divided into building lots for residentialpurposes, or of premises anywhere used for residential purposes, and not forfarming or agriculture, being in default in the payment of rent, shall socontinue for five days after notice, in writing, requiring possession of thepremises or the payment of rent, such tenant or lessee shall thereby forfeithis right to the possession. In such case the possession of the defendantmay, at the option of the landlord or lessor, be deemed unlawful, and he mayproceed to recover in the same manner provided by Article 13 (§ 8.01-124 etseq.) of Chapter 3 of Title 8.01.

Nothing, however, shall be construed to prohibit a landlord from seeking anaward of costs or attorney's fees under § 8.01-27.1 or civil recovery under §8.01-27.2 as part of the damages requested on an unlawful detainer actionfiled pursuant to § 8.01-126 provided the landlord has given notice, whichnotice may be included in a five-day termination notice provided inaccordance with this section.

(Code 1919, § 5448; 2008, c. 489.)