Code of Virginia
Chapter 12 - Virginia Residential Landlord and Tenant Act
§ 55.1-1218. Required disclosures for properties with defective drywall; remedy for nondisclosure

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

Code of Virginia

Title 55.1 - Property and Conveyances

Chapter 12 - Virginia Residential Landlord and Tenant Act

§ 55.1-1200. Definitions

§ 55.1-1201. Applicability of chapter; local authority

§ 55.1-1202. Notice

§ 55.1-1203. Application; deposit, fee, and additional information

§ 55.1-1204. Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant

§ 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

§ 55.1-1211. Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth

§ 55.1-1212. Energy submetering, energy allocation equipment, sewer and water submetering equipment, and ratio utility billing systems; local government fees

§ 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

§ 55.1-1217. Required disclosures for properties located adjacent to a military air installation; remedy for nondisclosure

§ 55.1-1218. Required disclosures for properties with defective drywall; remedy for nondisclosure

§ 55.1-1219. Required disclosures for property previously used to manufacture methamphetamine; 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

§ 55.1-1229. Access; consent; correction of nonemergency conditions; relocation of tenant; security systems

§ 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

§ 55.1-1236. Early termination of rental agreements by victims of family abuse, sexual abuse, or criminal sexual assault

§ 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

§ 55.1-1243. Repealed

§ 55.1-1243.1. Tenant's remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe

§ 55.1-1244. Tenant's assertion; rent escrow

§ 55.1-1244.1. Tenant's remedy by repair

§ 55.1-1245. (Effective until the later of July 1, 2028 or seven years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty

§ 55.1-1245. (Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty

§ 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

§ 55.1-1255. Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale

§ 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

§ 55.1-1260. (Expires July 1, 2024) Establishment of Eviction Diversion Pilot Program; purpose; goals

§ 55.1-1261. (Expires July 1, 2024) Eviction Diversion Pilot Program; administration

§ 55.1-1262. (Expires July 1, 2024) Eviction Diversion Pilot Program; process; court-ordered payment plan