If any tenant or lessee of nonresidential rental property who is in default in the payment of rent continues to be in default five days after receipt of written notice that requires possession of the premises or the payment of rent, such tenant or lessee forfeits his right to possession of the premises. In such case, the possession of the defendant may, at the option of the landlord or lessor, be deemed unlawful, and he may proceed to recover possession of the premises.
The right to evict a tenant whose right of possession has been terminated in any nonresidential tenancy under this chapter may be effectuated by self-help eviction without further legal process so long as such eviction does not incite a breach of the peace. However, nothing in this section shall be construed to preclude termination of any nonresidential tenancy by the filing of an unlawful detainer action as provided by Article 13 (§ 8.01-124 et seq.) of Chapter 3 of Title 8.01, entry of an order of possession, and eviction pursuant to § 55.1-1416.
Code 1919, § 5448; Code 1950, § 55-225; 2008, c. 489; 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