the tenant to the landlord and receive an order of possession from a court of competent
jurisdiction pursuant to an unlawful detainer action filed under Article 13 (§ 8.01-124 et
seq.) of Chapter 3 of Title 8.01 and proceed with eviction for nonpayment of rent under
§ 55.1-1245, provided that the landlord has stated in a written notice to the tenant that
any and all amounts owed to the landlord by the tenant, including payment of any rent,
damages, money judgment, award of attorney fees, and court costs, would be accepted
with reservation and would not constitute a waiver of the landlord's right to evict the
tenant from the dwelling unit. Such notice may be included in a written termination
notice given by the landlord to the tenant in accordance with § 55.1-1245, and if so
included, nothing herein shall be construed by a court of law or otherwise as requiring
such landlord to give the tenant subsequent written notice. Such notice shall include the
following language: "Any partial payment of rent made before or after a judgment of
possession is ordered will not prevent your landlord from taking action to evict you.
However, full payment of all amounts you owe the landlord, including all rent as
contracted for in the rental agreement that is owed to the landlord as of the date
payment is made, as well as any damages, money judgment, award of attorney fees,
and court costs made at least 48 hours before the scheduled eviction will cause the
eviction to be canceled, unless there are bases for the entry of an order of possession
other than nonpayment of rent stated in the unlawful detainer action filed by the
landlord." If the landlord elects to seek possession of the dwelling unit pursuant to §
8.01-126, the landlord shall provide a copy of this notice to the court for service to the
tenant, along with the summons for unlawful detainer. If the dwelling unit is a public
housing unit or other housing unit subject to regulation by the U.S. Department of
Housing and Urban Development, nothing in this section shall be construed to require
that written notice be given to any public agency paying a portion of the rent under the
rental agreement. If a landlord enters into a new written rental agreement with the
tenant prior to eviction, an order of possession obtained prior to the entry of such new
rental agreement is not enforceable. Notwithstanding the requirements of this section,
a landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four
or fewer rental dwelling units, may limit a tenant's use of the right of redemption to
once per lease period, provided that the landlord provides written notice of such
limitation to the tenant.
B. The tenant may pay or present to the court a redemption tender for payment of all
rent due and owing as of the return date, including late charges, attorney fees, and
court costs, at or before the first return date on an action for unlawful detainer.
If the tenant presents a redemption tender to the court at the return date, the court
shall continue the action for unlawful detainer for 10 days following the return date for
payment to the landlord of all rent due and owing as of the return date, including late
charges, attorney fees, and court costs, and dismiss the action upon such payment.
Should the landlord not receive full payment of all rent due and owing as of the return
date, including late charges, attorney fees, and court costs, within 10 days of the return
date, the court shall, without further evidence, grant to the landlord judgment for all