with eviction under § 55.1-1255, 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. 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.
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. For
purposes of this section, "redemption tender" means a written commitment to pay all
rent due and owing as of the return date, including late charges, attorney fees, and
court costs, by a local government or nonprofit entity within 10 days of such return
date.
C. 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
amounts due and immediate possession of the premises.
D. In cases of unlawful detainer, a tenant may pay the landlord or the landlord's
attorney or pay into court all (i) rent due and owing as of the court date as contracted
for in the rental agreement, (ii) other charges and fees as contracted for in the rental
agreement, (iii) late charges contracted for in the rental agreement, (iv) reasonable
attorney fees as contracted for in the rental agreement or as provided by law, and (v)
costs of the proceeding as provided by law, at which time the unlawful detainer
proceeding shall be dismissed. If such payment has not been made as of the return date
for the unlawful detainer, the tenant may pay to the landlord, the landlord's attorney,
or the court all amounts claimed on the summons in unlawful detainer, including
current rent, damages, late charges, costs of court, any civil recovery, attorney fees, and
sheriff fees, no less than two business days before the date scheduled by the officer to
whom the writ of eviction has been delivered to be executed. Any payments made by
the tenant shall be by cashier's check, certified check, or money order. A tenant may