Cal. Civ. Code § 55.1-1251
Remedy after termination.
Operative Text
If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement, reasonable attorney fees as provided in § 55.1-1245 , and the cost of service of any notice under § 55.1-1245 or 55.1-1415 or process by a sheriff or private process server, which cost shall not exceed the amount authorized by § 55.1-1247 , and such claims may be enforced, without limitation, by initiating an action for unlawful entry or detainer. Actual damages for breach of the rental agreement may include a claim for rent that would have accrued until the expiration of the term of the rental agreement or until a tenancy pursuant to a new rental agreement commences, whichever occurs first, provided that nothing contained in this section shall diminish the duty of the landlord to mitigate actual damages for breach of the rental agreement. In obtaining post-possession judgments for actual damages as defined in this section, the landlord shall not seek a judgment for accelerated rent through the end of the term of the tenancy. In any unlawful detainer action brought by the landlord, this section shall not be construed to prevent the landlord from being granted by the court a simultaneous judgment for money due and for possession of the premises without a credit for any security deposit. Upon the tenant vacating the premises either voluntarily or by a writ of eviction, security deposits shall be credited to the tenant's account by the landlord in accordance with the requirements of § 55.1-1226 .
Virginia Code § 55.1-1251 establishes what a landlord may pursue after a rental agreement is terminated. The landlord can seek possession of the property, unpaid rent, actual damages for breach of the agreement, reasonable attorney fees, and certain service costs — all potentially through an unlawful detainer action. Importantly, the landlord cannot seek accelerated rent (a lump-sum demand for all remaining rent through the end of the lease) in post-possession judgments, and the landlord carries a legal duty to mitigate damages by making reasonable efforts to re-rent the unit. Once the tenant vacates, any security deposit must be applied to the tenant's account according to the requirements of § 55.1-1226.
Plain English — not legal advice.
Under Va. Code § 55.1-1251, compliant operators pursuing a terminated tenancy generally document all actual losses — including unpaid rent, repair costs, and re-letting expenses — rather than seeking a blanket acceleration of all future rent owed through the lease term. A landlord filing an unlawful detainer action may request simultaneous judgments for money owed and for possession, but post-possession claims for rent are limited to amounts accruing until the unit is re-rented or the original lease term expires, whichever comes first. Operators also apply any security deposit to the tenant's account upon vacancy, consistent with § 55.1-1226, and actively work to mitigate losses by attempting to re-rent the unit promptly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1251 provides tenants with meaningful protections even after a rental agreement is terminated. A landlord is legally required to mitigate damages — meaning they must make reasonable efforts to find a new tenant rather than simply letting the unit sit vacant and billing the former tenant for the full remaining lease term. Tenants who believe a landlord has failed to mitigate, improperly sought accelerated rent, or mishandled a security deposit under § 55.1-1226 may raise these issues as defenses in court proceedings or seek guidance from a tenant-rights organization familiar with Virginia law.
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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