Cal. Civ. Code § 55.1-1249
Remedies for absence, nonuse, and abandonment.
Operative Text
If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days and the tenant fails to do so, the landlord may recover actual damages from the tenant. During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary to protect his possessions and property. The rental agreement is deemed to be terminated by the landlord as of the date of abandonment by the tenant. If the landlord cannot determine whether the premises has been abandoned by the tenant, the landlord shall serve written notice on the tenant in accordance with § 55.1-1202 requiring the tenant to give written notice to the landlord within seven days that the tenant intends to remain in occupancy of the premises. If the tenant gives such written notice to the landlord, or if the landlord otherwise determines that the tenant remains in occupancy of the premises, the landlord shall not treat the premises as having been abandoned. Unless the landlord receives written notice from the tenant or otherwise determines that the tenant remains in occupancy of the premises, upon the expiration of seven days from the date of the landlord's notice to the tenant, there shall be a rebuttable presumption that the premises has been abandoned by the tenant, and the rental agreement shall be deemed to terminate on that date. The landlord shall mitigate damages in accordance with § 55.1-1251 .
Virginia Code § 55.1-1249 addresses what happens when a tenant is absent from a rental unit for an extended period or appears to have abandoned it. If a lease requires advance notice of absences longer than seven days and the tenant skips that notice, the landlord may seek actual damages. When abandonment is unclear, the landlord must serve written notice giving the tenant seven days to confirm continued occupancy; if no response comes, a rebuttable presumption of abandonment arises and the rental agreement is treated as terminated on that date. Throughout this process, the landlord is required to take steps to mitigate any resulting damages.
Plain English — not legal advice.
Under Va. Code § 55.1-1249, operators whose leases include an extended-absence notification clause should document any tenant absence that exceeds seven days and retain records of any required notices. When abandonment is uncertain, a compliant operator serves written notice per § 55.1-1202 and waits the full seven-day response window before treating the unit as abandoned or re-renting it. Landlords are also obligated under this section to mitigate damages—for example, by making reasonable efforts to re-rent the unit—rather than allowing losses to accumulate.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1249 gives tenants a meaningful opportunity to contest an abandonment determination: responding in writing within seven days of receiving a landlord's notice is sufficient to rebut the presumption that the unit has been abandoned. Tenants whose leases include an extended-absence clause should be aware that failing to provide required advance notice of a long absence can expose them to a claim for actual damages. Tenants who believe a landlord has improperly declared abandonment or terminated a lease under this section may consider contacting a local tenant-rights organization or consulting with a housing attorney to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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