Cal. Civ. Code § 55.1-3002
Provisions applicable to residential executory real estate contracts.
Operative Text
A. Notwithstanding any other provision of law, a residential executory real estate contract shall be subject to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.). B. Notwithstanding any other provision of law, the following provisions shall be applicable to every residential executory real estate contract: 1. The purchaser shall have the right to exercise the option to purchase the property at any time before the option expires, and no fee or penalty shall be charged to any purchaser who exercises the option at an earlier time than anticipated under the contract. 2. If the purchaser defaults in the payment of rent or other requirements under a lease, the vendor may serve notice of such default. If default is limited solely to failure to pay rent or other monetary charges, the vendor may terminate the lease and recover possession of the premises only if the delinquent obligation remains outstanding more than 30 days after notice is served upon the purchaser notifying him of (i) the nonpayment, (ii) the amount of the delinquency, and (iii) the vendor's intention to terminate the lease if the default is not timely cured. 3. The vendor may not forfeit the option payment or any portion of such payment, provided, however, that the vendor may apply the option payment (i) to any amounts owed by such purchaser under the residential executory real estate contract or (ii) as otherwise directed by court order in an interpleader action filed by such vendor pursuant to § 8.01-364 in a court of competent jurisdiction. 4. If the vendor defaults, the purchaser shall be entitled to bring an action in a court of competent jurisdiction (i) to enjoin further violations; (ii) to recover the purchaser's actual damages; (iii) for specific performance of the contract; (iv) for rescission; or (v) to receive other equitable relief as the court may find appropriate in the interests of justice. 5. The prevailing party in any proceeding under this chapter in a court of competent jurisdiction may be awarded reasonable attorney fees and costs. C. A residential executory real estate contract may be recorded among the land records in the office of the clerk of the circuit court where the real property is located. D. The provisions contained in this section shall not be waived by contract.
Virginia Code § 55.1-3002 governs residential executory real estate contracts — commonly known as rent-to-own or lease-option agreements — by subjecting them to the Virginia Residential Landlord and Tenant Act and layering on additional protections. Under this provision, purchasers may exercise their purchase option early without penalty, vendors face a mandatory 30-day cure period before terminating a lease for nonpayment, and option payments generally cannot be forfeited outright. Both parties have access to court remedies if the other defaults, and a prevailing party in litigation may recover attorney fees and costs. Critically, none of these protections can be signed away in the contract itself.
Plain English — not legal advice.
Operators who use residential executory real estate contracts in Virginia must structure those agreements in compliance with § 55.1-3002, which cannot be waived by contract. A compliant vendor provides written notice of any monetary default and allows at least 30 days for the purchaser to cure before pursuing lease termination or repossession. Vendors also refrain from charging early-option-exercise fees and avoid treating option payments as forfeited funds, instead applying them only to amounts owed or as directed by a court order in an interpleader action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Va. Code § 55.1-3002, tenants in rent-to-own or lease-option arrangements have legally protected rights that cannot be stripped away by contract language. If a vendor fails to honor the 30-day cure notice requirement or attempts to forfeit an option payment improperly, a purchaser may seek court remedies including actual damages, specific performance, rescission, or injunctive relief — and may also be awarded attorney fees if they prevail. Tenants who believe a vendor has violated this provision may consider consulting a tenant-rights organization, a legal aid office, or a private attorney familiar with Virginia landlord-tenant law 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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