A. If the landlord of a dwelling unit has actual knowledge of the existence of defective drywall in such dwelling unit that has not been remediated, the landlord shall provide to a prospective tenant a written disclosure that the property has defective drywall. Such disclosure shall be provided prior to the execution by the tenant of a written lease agreement or, in the case of an oral lease agreement, prior to occupancy by the tenant. For purposes of this section, "defective drywall" means all defective drywall as defined in § 36-156.1.
B. Any tenant who is not provided the disclosure required by subsection A may terminate the lease agreement at any time within 60 days of discovery of the existence of defective drywall by providing written notice to the landlord in accordance with the lease or as required by law. Such termination shall be effective as of (i) 15 days after the date of the mailing of the notice or (ii) the date through which rent has been paid, whichever is later. In no event, however, shall the effective date of the termination exceed one month from the date of mailing. Termination of the lease agreement shall be the exclusive remedy for the failure to comply with the disclosure provisions of this section, and shall not affect any rights or duties of the landlord or tenant arising under this chapter, other applicable law, or the rental agreement.
2011, cc. 34, 46, § 55-248.12:2; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 12 - Virginia Residential Landlord and Tenant Act
§ 55.1-1201. Applicability of chapter; local authority
§ 55.1-1203. Application; deposit, fee, and additional information
§ 55.1-1205. Prepaid rent; maintenance of escrow account
§ 55.1-1206. Landlord may obtain certain insurance for tenant
§ 55.1-1207. Effect of unsigned or undelivered rental agreement
§ 55.1-1208. Prohibited provisions in rental agreements
§ 55.1-1208.1. Rental agreements; child care
§ 55.1-1209. Confidentiality of tenant records
§ 55.1-1210. Landlord and tenant remedies for abuse of access
§ 55.1-1213. Transfer of deposits upon purchase
§ 55.1-1214. Inspection of dwelling unit; report
§ 55.1-1215. Disclosure of mold in dwelling units
§ 55.1-1216. Disclosure of sale of premises
§ 55.1-1218. Required disclosures for properties with defective drywall; remedy for nondisclosure
§ 55.1-1220. Landlord to maintain fit premises
§ 55.1-1221. Landlord to provide locks and peepholes
§ 55.1-1222. Access of tenant to cable, satellite, and other television facilities
§ 55.1-1223. Notice to tenants for insecticide or pesticide use
§ 55.1-1224. Limitation of liability
§ 55.1-1225. Tenancy at will; effect of notice of change of terms or provisions of tenancy
§ 55.1-1226. Security deposits
§ 55.1-1227. Tenant to maintain dwelling unit
§ 55.1-1228. Rules and regulations
§ 55.1-1230. Access following entry of certain court orders
§ 55.1-1231. Relocation of tenant where mold remediation needs to be performed in the dwelling unit
§ 55.1-1232. Use and occupancy by tenant
§ 55.1-1233. Tenant to surrender possession of dwelling unit
§ 55.1-1234. Noncompliance by landlord
§ 55.1-1235. Early termination of rental agreement by military personnel
§ 55.1-1237. Notice to tenant in event of foreclosure
§ 55.1-1238. Failure to deliver possession
§ 55.1-1239. Wrongful failure to supply an essential service
§ 55.1-1240. Fire or casualty damage
§ 55.1-1241. Landlord's noncompliance as defense to action for possession for nonpayment of rent
§ 55.1-1242. Rent escrow required for continuance of tenant's case
§ 55.1-1244. Tenant's assertion; rent escrow
§ 55.1-1244.1. Tenant's remedy by repair
§ 55.1-1246. Barring guest or invitee of a tenant
§ 55.1-1247. Sheriffs authorized to serve certain notices; fee for service
§ 55.1-1248. Remedy by repair, etc.; emergencies
§ 55.1-1249. Remedies for absence, nonuse, and abandonment
§ 55.1-1250. Landlord's acceptance of rent with reservation; tenant's right of redemption
§ 55.1-1251. Remedy after termination
§ 55.1-1252. Recovery of possession limited
§ 55.1-1253. Periodic tenancy; holdover remedies
§ 55.1-1254. Disposal of property abandoned by tenants
§ 55.1-1256. Disposal of property of deceased tenants
§ 55.1-1257. Who may recover rent or possession
§ 55.1-1258. Retaliatory conduct prohibited
§ 55.1-1259. Actions to enforce chapter
§ 55.1-1261. (Expires July 1, 2024) Eviction Diversion Pilot Program; administration