55-218.1 - Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth.
§ 55-218.1. Appointment of resident agent by nonresident property owner;service of process, etc., on such agent or on Secretary of the Commonwealth.
Any nonresident person as the term "person" is defined in § 55-248.4 ofthis title of the Commonwealth who owns and leases residential or commercialreal property consisting of four or more units within a county or city in theCommonwealth shall have and continuously maintain an agent who is a residentand maintains a business office within the Commonwealth. Every lease executedby or on behalf of nonresident property owners regarding any such realproperty shall specifically designate such agent and the agent's officeaddress for the purpose of service of any process, notice, order or demandrequired or permitted by law to be served upon such property owner.
Whenever any nonresident property owner fails to appoint or maintain anagent, as required herein, or whenever his agent cannot with reasonablediligence be found, then the Secretary of the Commonwealth shall be an agentof the nonresident property owner upon whom may be served any process,notice, order or demand. Service may be made on the Secretary or any of hisstaff at his office who shall forthwith cause it to be sent by registered orcertified mail addressed to the property owner at his address as shown on theofficial tax records maintained by the locality where the property is located.
The name and office address of the agent appointed as provided herein shallbe filed in the office of the clerk of the court in which deeds are recordedin the county or city wherein the property lies. Recordation shall be in thesame book as certificates of fictitious names are recorded as provided by §59.1-74 for which the clerk shall be entitled to a fee of $10.
No nonresident property owner shall maintain an action in the courts of theCommonwealth concerning property for which a designation is requiredhereunder until such designation has been filed.
(1973, c. 301; 1987, c. 360; 2006, c. 318; 2008, c. 119.)