Code of Virginia

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Code of Virginia
Title 55.1. Property and Conveyances
Chapter 14. Nonresidential Tenancies

Article 5. Miscellaneous Provisions.

§ 55.1-1418. Remedy when rent is to be paid in other thing than money.

When goods are distrained or attached for rent reserved in a share of the crop, or in anything other than money, the claimant of the rent shall give the tenant 10 days' notice, and the claimant may then apply to the court to which the attachment is returnable, or the circuit court of the county or city in which the distress is made, to ascertain the value in money of the rent reserved and to order a sale of the goods distrained or attached. The tenant may make the same defenses that he could to a motion on a forfeited forthcoming bond given for rent and may also contest the value of what was reserved for the rent. The court shall ascertain, either by its own judgment or, if either party requires it, by the verdict of a jury impaneled without the formality of pleading, the extent of the liability of the tenant for rent and the value in money of such rent and if the tenant has been served with notice shall enter judgment against him for the amount so ascertained. It shall also order the goods distrained or attached, or so much thereof as may be necessary, to be sold to pay the amount so ascertained. The officer charged with the execution of such warrant or attachment shall return such warrant or attachment to the clerk's office of the court, showing how he has executed such warrant or attachment. If the goods so directed to be sold prove insufficient to pay the amount of the rent so ascertained, an execution may be issued on the judgment as in case of other judgments, which may be levied on such property as would be leviable under an execution issued on a judgment in an action brought to recover the rent.

Code 1919, § 5529; Code 1950, § 55-238; 2019, c. 712.

§ 55.1-1419. Proceedings to establish right of reentry; judgment.

Any person who has a right of reentry into lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant or condition, may serve a declaration in ejectment on the tenant in possession, if any, or, if the possession is vacant, by posting the declaration upon the front door of the building, or at any other notorious place on the premises, and such service shall be in lieu of a demand and reentry. Upon proof to the court, by affidavit in case of judgment by default or upon proof on the trial, that the rent claimed was due and no sufficient distress was upon the premises, or that the covenant or condition was broken before the service of the declaration and that the plaintiff had power to reenter, he shall recover judgment and have execution for such lands.

Code 1919, § 5530; Code 1950, § 55-239; 2019, c. 712.

§ 55.1-1420. When defendant barred of relief.

Should the defendant to a proceeding filed pursuant to § 55.1-1419, or other person on his behalf, not pay the rent in arrear, with interest and costs, nor file a complaint for relief against such forfeiture, within 12 months after execution executed, he shall be barred of all right to be restored to such lands or tenements.

Code 1919, § 5531; Code 1950, § 55-240; 2019, c. 712.

§ 55.1-1421. How trustee or mortgagee relieved from the forfeiture.

Any mortgagee or trustee of lands subject to a proceeding filed pursuant to § 55.1-1419 may, within 12 months after execution executed, pay the rent and all arrears, with interest and costs, or file a complaint for relief against such forfeiture; and thereupon may be relieved against it, on the same terms and conditions as the owner of such lands or tenements would be entitled to.

Code 1919, § 5532; Code 1950, § 55-241; 2019, c. 712.

§ 55.1-1422. How owner relieved in court.

If the owner of lands subject to a proceeding filed pursuant to § 55-1419, or any person having right or claim to such land, files within the appropriate time his complaint for relief, he shall not have or continue any injunction against the proceedings at law on the ejectment, unless, within 30 days following a full and perfect answer filed by the plaintiff in ejectment, he brings into court, or deposits in a bank within the Commonwealth to the credit of the cause, such money as the plaintiff in ejectment, in his answers, swears to be due and in arrear, over and above all just allowances and also the costs taxed in the action, there to remain until the hearing of the cause, or to be paid out to the plaintiff on good security, subject to the order of the court. If the complaint is filed within the appropriate time, and after execution executed, the plaintiff shall be accountable for no more than he, really and bona fide, without fraud, deceit, or willful neglect, makes of the premises from the time of his entering into the actual possession of the premises, and if it is less than the rent payable, then the possession shall not be restored until the plaintiff is paid the balance of the rent for the time he so held the lands.

Code 1919, § 5533; Code 1950, § 55-242; 2019, c. 712.

§ 55.1-1423. How judgment of forfeiture prevented.

If any party having right or claim to lands subject to a proceeding filed pursuant to § 55.1-1419, at any time before the trial in such ejectment, pays to the party entitled to such rent, or to his attorney, or pays into court, all the rent and arrears owed, along with any reasonable attorney fees and late charges contracted for in a written rental agreement, interest, and costs, all further proceedings in the ejectment shall cease. If the person claiming the land is relieved, he is entitled to hold the land in the same manner as he was prior to the commencement of the proceedings, without a new lease or conveyance. If the parties dispute the amount of rent and other charges owed, the court shall take evidence on the issue and make orders for the tender, payment, or refund of any appropriate amounts.

Code 1919, § 5534; Code 1950, § 55-243; 1992, c. 427; 1998, c. 269; 2010, c. 793; 2012, c. 788; 2013, c. 563; 2019, c. 712.

§ 55.1-1424. When action for reentry brought.

Proceedings for ejectment shall not be initiated until the time for reentry of the premises specified in the rental agreement has lapsed.

Code 1919, § 5535; Code 1950, § 55-244; 2019, c. 712.

§ 55.1-1425. Written act of reentry to be returned and recorded and certificate of reentry published.

When actual reentry is made, the party by or for whom the reentry is made shall return a written act of reentry, sworn to by the sheriff or another authorized officer, to the clerk of the circuit court of the county or city in which the lands or tenements are located. The clerk shall record the written act of reentry in the deed book and shall deliver to the party making the reentry a certificate setting forth the substance of such written act. Such certificate shall be published at least once a week for two months successively in a newspaper published in or nearest to such county or city. Such publication shall be proved by affidavit to the satisfaction of the clerk, who shall record such affidavit in the deed book. Such affidavit shall reference the book and page where the original written act of reentry was recorded. The clerk shall return the original act of reentry to the party entitled to it. The written act of reentry, when recorded, and the record of such written act, or a duly certified copy from such record, shall be evidence, in all cases, of the facts contained therein.

Code 1919, § 5536; Code 1950, § 55-245; 2014, c. 330; 2019, c. 712.

§ 55.1-1426. Fee of clerk.

The clerk shall be paid for recording, granting certificate, and noting publication, as required by § 55.1-1425, the fee prescribed in subdivision A 2 of § 17.1-275 and shall collect and account for the same tax upon every such act of reentry offered for record as is levied by law upon deeds of conveyance.

Code 1919, § 5537; Code 1950, § 55-246; 1994, c. 432; 2019, c. 712.

§ 55.1-1427. How person entitled to lands may be restored to his possession.

If the person entitled to lands subject to a proceeding filed pursuant to § 55.1-1419 at the time of reentry made, or having claim to such lands, does not pay the rent and all arrears owed, with interest and all reasonable expenses incurred about such reentry, within one year from the first day of publication pursuant to § 55.1-1425, he shall be forever barred from all right to the lands. If any party who has the right of possession pays the rent and arrears owed, with interest and expenses pursuant to this section, to the party making reentry, within the required time, he shall be reinstated in his possession to hold as if the reentry had not been made.

Code 1919, § 5538; Code 1950, § 55-247; 2019, c. 712.

§ 55.1-1428. Limitation of action against person in possession by reentry.

No person who, or who with his predecessor in title under whom he claims, has possessed lands by virtue of a reentry for the term of two years shall be disturbed therein by action or otherwise for any defect of proceedings in such entry.

Code 1919, § 5539; Code 1950, § 55-248; 2019, c. 712.