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.
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