Rent may be recovered from the lessee or other person owing it, or his assignee, or the personal representative of either; however, no assignee shall be liable for rent that became due before his interest began. Nothing in this section shall impair or change the liability of heirs or devisees for rent, as for other debts of their ancestor or devisor.
§ 8.01-130.3.Who is liable for rent.
Chapter 3. Actions · Article 13.1. Warrants in Distress · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-130.3 makes rent recoverable from the lessee or other person who owes it, from that person’s assignee or personal representative, shields an assignee from rent that came due before their interest began, and keeps heirs and devisees liable for rent as they would be for any other debt.
Full Text of § 8.01-130.3
Plain-English Summary
Section 8.01-130.3 is the counterpart to § 8.01-130.2: instead of asking who can collect rent, it asks who can be made to pay it. The answer reaches the lessee or other person who owes the rent, that person’s assignee, and the personal representative of either the lessee or the assignee. An assignee steps into the lessee’s shoes going forward, but not into the past — the section expressly protects an assignee from liability for rent that fell due before the assignee’s own interest began.
The section closes with a reminder that it does not shrink liability elsewhere. Heirs and devisees remain liable for rent the same way they are liable for any other debt left behind by an ancestor or a devisor. Nothing in this section gives them a special exemption for rent obligations that would not apply to their ancestor’s or devisor’s other debts.
Frequently Asked Questions
Who can a landlord sue to collect unpaid rent under Virginia law?
Section 8.01-130.3 allows recovery from the lessee or other person who owes the rent, from that person’s assignee, or from the personal representative of either.
If a tenant assigns their lease, is the assignee liable for rent that was already due before the assignment?
No. Section 8.01-130.3 expressly protects an assignee from liability for rent that became due before the assignee’s interest began.
Is a deceased tenant’s estate liable for unpaid rent?
Yes. Section 8.01-130.3 allows recovery from the personal representative of the lessee, and separately preserves the liability of heirs and devisees for rent as for other debts of the deceased.
Do heirs inherit responsibility for a deceased tenant’s unpaid rent?
Section 8.01-130.3 says the section does not impair or change their liability for rent, which is treated the same as their liability for any other debt of their ancestor or devisor.
Can a landlord pursue both the original tenant and an assignee for the same rent?
Section 8.01-130.3 names both as potentially liable, though an assignee answers only for rent accruing after the assignment, not for arrears that predate it.
Amendment History
Code 1919, § 5521; Code 1950, § 55-229; 2019, c. 712.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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