Related Articles: Commercial Landlord

Eviction When Tenant Abandons: No Judicial Proceeding Required. Who Would?

When a tenant has abandoned the rental property, Section 55-224 of the Virginia Code allows the landlord to re-enter the premises and terminate the lease without any judicial proceeding. The landlord merely has to post a notice on the premises requiring the tenant to pay within ten days (in the case of a monthly tenant), or one month (in the case of a yearly tenant). If the tenant fails to pay within the specified time, the landlord may reenter and take possession of the premises. A landlord who employs this right of re-entry may still sue to collect unpaid rents up to the time of re-entry. However, the landlord is not required to re-enter, it is only an option. The landlord may allow the property to remain vacant and bring suit against the abandoning tenant to collect the total amount of unpaid rent for the full term of the lease.

This Code Section does not apply to leases where the parties have expressly provided for re-entry upon specific conditions. In that case, the terms of the contract will apply.