Virginia Default Remedy Clause

State:
Multi-State
Control #:
US-OL14031
Format:
Word; 
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Description

This office lease form is a standard default remedy clause, providing for the collection of the difference between the rent due and owing under the lease and the rents collected in the event of mitigation.

The Virginia Default Remedy Clause is an important legal provision that governs the rights and obligations of parties involved in defaulted contracts in the state of Virginia. It outlines the remedies available to the non-defaulting party in case of a breach or default by the other party. This clause provides a framework for resolving disputes and seeking legal redress in such situations. Under the Virginia Default Remedy Clause, there are different types of remedies that can be pursued by the non-defaulting party. These include: 1. Damages: The non-defaulting party may seek monetary compensation for the losses suffered as a result of the breach. This can include direct damages, such as the cost of repairs or replacement, as well as consequential damages, such as lost profits or business opportunities. 2. Specific Performance: In some cases, monetary compensation may not be sufficient to adequately remedy the breach. The non-defaulting party can then seek specific performance, which requires the defaulting party to fulfill their contractual obligations as originally agreed upon. 3. Rescission and Restitution: Rescission involves cancelling the contract altogether due to the breach, with each party returning to their original position before entering into the agreement. Restitution refers to the non-defaulting party being compensated for any benefit they conferred upon the defaulting party prior to the breach. 4. Injunctive Relief: In certain circumstances, the non-defaulting party may seek injunctive relief, which is a court order that directs the defaulting party to stop performing certain actions or to fulfill specific obligations. This can be particularly useful in situations where immediate action is required to prevent further harm or preserve property rights. It is important to note that the specific terms and conditions of the Virginia Default Remedy Clause may vary depending on the nature of the contract and the parties involved. Therefore, it is always advisable to consult with a legal professional to fully understand the implications and potential remedies provided by this clause in specific contractual agreements.

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FAQ

Your right (VA Code § 55.1-1244): You can file a lawsuit called a Tenant's Assertion against your landlord and ask a court to order them to make necessary repairs and/or return rent money to you, or terminate your lease at your request.

A purchaser shall have the right to cancel the contract until midnight of the seventh calendar day following the execution of such contract. If the seventh calendar day falls on a Sunday or legal holiday, then the right to cancel the contract shall expire on the day immediately following that Sunday or legal holiday.

§ 55.1-1215. At the start of a tenancy, a Virginia Landlord must disclose whether there is any evidence of mold in the rental unit. If the landlord's written disclosure states that there is no evidence of mold and the tenant disagrees, the tenant must object in writing within five days after receiving the report.

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.

§ 55.1-1240. The tenant may terminate the rental agreement by vacating the premises and within 14 days thereafter, serving on the landlord a written notice of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.

In Virginia, under the first material breach doctrine, if the initial breach by one party is material, the other party to the contract is excused from performing its contractual obligations.

Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring subsequent to notice to the tenant of the conveyance.

§ 55.1-1240. The tenant may terminate the rental agreement by vacating the premises and within 14 days thereafter, serving on the landlord a written notice of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating.

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(2) Resort to a remedy provided under this title or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If ... A tenant who has not taken possession or who has vacated the dwelling unit may file an action in a court of competent jurisdiction to contest the landlord's ...An order sustaining a demurrer and granting leave to file an amended pleading by a specific time is sufficient to dispose of the claim(s) or cause(s) of action ... VA encourages servicers to work with borrowers to resolve delinquencies early and does not require default notification until the loan is 61 days delinquent. Mar 2, 2023 — Parties to secured transactions under Article 9 of the Uniform Commercial Code should understand from the outset their respective rights and ... Oct 24, 2022 — Click on the different category headings to find out more and change our default settings according to your preferences. ... in or filling in ... by JJ FITTANTE JR · 2009 · Cited by 7 — As long as the franchisee has been given the minimum required time period to complete the first step, its failure to complete the first step or an interim step ... ... a "Cure Notice" is required by the Default clause. Before using this notice ... complete address of the contracting officer], within 10 days after receipt of ... The landlord can file with a straight 30-day notice but still demand damages and rent. These are the hardest cases to defend if the notice is correct. Hard to ... Mar 20, 2019 — Takeaway: A draconian, one-sided “challenger pays” attorneys' fee provision will likely not be enforced by Virginia courts. Meuse v. Henry, No.

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Virginia Default Remedy Clause