Cal. Civ. Code § 55.1-1309
Waiver of landlord's right to terminate.
Operative Text
Unless the landlord accepts the rent with reservation, and gives a written notice to the tenant of such acceptance within five business days of receipt of the rent, acceptance of periodic rent payments with knowledge in fact of a material noncompliance by the tenant shall constitute a waiver of the landlord's right to terminate the rental agreement. Except as provided in § 55.1-1250 , if the landlord has given the tenant written notice that the rent payments have been accepted with reservation, the landlord may accept full payment of all rent payments and still be entitled to receive an order of possession terminating the rental agreement.
Under Va. Code § 55.1-1309, when a landlord knowingly accepts a tenant's periodic rent payments while aware of a material lease violation, that acceptance generally operates as a waiver of the landlord's right to end the tenancy based on that violation — unless the landlord takes a specific step to preserve that right. The landlord can avoid waiver by notifying the tenant in writing, within five business days of receiving the rent, that the payment is being accepted 'with reservation.' When such a written reservation notice has been given, the landlord may continue accepting full rent payments and still pursue a termination of the rental agreement, subject to the exception set out in § 55.1-1250.
Plain English — not legal advice.
Property owners and managers operating under Va. Code § 55.1-1309 generally document any known lease violations before or at the time rent is collected, and when they choose to accept rent despite an ongoing material noncompliance, they deliver a written 'acceptance with reservation' notice to the tenant within five business days of receiving that payment. Maintaining a consistent practice of issuing timely written reservations helps preserve the right to seek termination without that right being deemed waived by the act of collecting rent. Operators familiar with § 55.1-1250 also account for the specific circumstances addressed there, which can affect how the reservation process interacts with termination proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1309 provides tenants with a meaningful protection: if a landlord continues to accept rent while knowing about an alleged lease violation and does not deliver a written 'acceptance with reservation' notice within five business days, the landlord's right to terminate the tenancy on that basis may be waived. Tenants who receive a written reservation notice should keep a copy, as it signals that the landlord intends to preserve termination rights even while collecting rent. Tenants facing a termination action in this context may find it worthwhile to review whether the landlord's conduct complied with § 55.1-1309's notice requirements, and tenant-rights organizations or legal aid offices can help evaluate how this provision applies to a given situation.
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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