A. A year-to-year tenancy in a nonresidential rental property may be terminated by either party giving three months' notice, in writing, prior to the end of any year of the tenancy, of his intention to terminate the same. A month-to-month tenancy may be terminated by either party giving 30 days' notice in writing, prior to the next rent due date, of his intention to terminate the same, unless the rental agreement provides for a different notice period. Written notice of termination shall be given in accordance with this chapter or the lease agreement.
B. In addition to the termination rights set forth in subsection A, and notwithstanding the terms of the lease, the landlord may terminate a lease agreement in a multifamily residential building due to rehabilitation or a change in the use of all or any part of such building that contains at least four residential units, upon 120 days' prior written notice to the tenant. Changes in use shall include conversion to hotel, motel, apartment hotel, or other commercial use, planned unit development, substantial rehabilitation, demolition, or sale to a contract purchaser requiring an empty building. This 120-day notice requirement shall not be waived except in the case of a month-to-month tenancy, which may be terminated by the landlord by giving the tenant 30 days' written notice prior to the next rent due date of the landlord's intention to terminate the tenancy.
The written notice required by this section to terminate a tenancy shall not be contained in the rental agreement or lease, but shall be a separate writing.
Code 1919, § 5516; Code 1950, § 55-222; 1981, c. 155; 1986, c. 428; 1987, c. 473; 2004, c. 123; 2007, c. 634; 2013, c. 563; 2015, c. 596; 2017, c. 730; 2018, c. 221; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 14 - Nonresidential Tenancies
§ 55.1-1400. Applicability; right to terminate tenant
§ 55.1-1402. Apportionment on purchase of part of land by holder of rent
§ 55.1-1403. Perfection of lien or interest in leases, rents, and profits
§ 55.1-1405. Transfer of deposits upon purchase
§ 55.1-1406. Grantees and assignees have same rights against lessees as lessors
§ 55.1-1407. Lessees have same rights against grantees as against lessors
§ 55.1-1408. What powers to pass to grantee or devisee; when attornment unnecessary
§ 55.1-1409. When attornment void
§ 55.1-1412. Security systems for nonresidential rental property
§ 55.1-1414. Abandonment of nonresidential rental property
§ 55.1-1415. Failure to pay certain rents after five days' notice forfeits right of possession
§ 55.1-1417. Who may recover rent or possession
§ 55.1-1418. Remedy when rent is to be paid in other thing than money
§ 55.1-1419. Proceedings to establish right of reentry; judgment
§ 55.1-1420. When defendant barred of relief
§ 55.1-1421. How trustee or mortgagee relieved from the forfeiture
§ 55.1-1422. How owner relieved in court
§ 55.1-1423. How judgment of forfeiture prevented
§ 55.1-1424. When action for reentry brought
§ 55.1-1425. Written act of reentry to be returned and recorded and certificate of reentry published
§ 55.1-1427. How person entitled to lands may be restored to his possession
§ 55.1-1428. Limitation of action against person in possession by reentry