55-243 - How judgment of forfeiture prevented. - Virginia Statutes

§ 55-243. How judgment of forfeiture prevented.

A. If any party having right or claim to such lands shall, at any time beforethe trial in such ejectment, or at or before the first court return date inan action of unlawful detainer seeking possession of a residential dwellingbased upon a default in rent, pay or to the party entitled to such rent, orto his attorney in the cause, or pay into court, all the rent and arrears,along with any reasonable attorney fees and late charges contracted for in awritten rental agreement, interest and costs, all further proceedings in theejectment or unlawful detainer shall cease. If the person claiming the landshall, upon bill filed as aforesaid, be relieved in equity, he shall hold theland as before the proceedings began, without a new lease or conveyance. Ifthe parties dispute the amount of rent and other charges owed, the courtshall take evidence on the issue and make orders for the tender, payment orrefund of any appropriate amounts.

B. In cases of unlawful detainer for the nonpayment of rent of a tenant froma rental dwelling unit, the tenant may present to the court a redemptiontender for payment of all rent due and owing as of the return date, includinglate charges, attorney fees, and court costs, at or before the first returndate on an action for unlawful detainer. For purposes of this section,"redemption tender" means a written commitment to pay all rent due andowing as of the return date, including late charges, attorney fees, and courtcosts, by a local government or nonprofit entity within 10 days of saidreturn date.

C. If the tenant presents a redemption tender to the court at the returndate, the court shall continue the action for unlawful detainer for 10 daysfollowing the return date for payment to the landlord of all rent due andowing as of the return date, including late charges, attorney fees, and courtcosts and dismissal of the action upon such payment. Should the landlord notreceive full payment of all rent due and owing as of the return date,including late charges, attorney fees, and court costs, within 10 days of thereturn date, the court shall, without further evidence, grant to the landlordjudgment for all amounts due and immediate possession of the premises.

D. In cases of unlawful detainer, the tenant may invoke the rights granted inthis section no more than one time during any 12-month period of continuousresidency in the rental dwelling unit.

(Code 1919, § 5534; 1992, c. 427; 1998, c. 269; 2010, c. 793.)