A. If contrary to the rental agreement or provisions of this chapter the landlord willfully or negligently fails to supply an essential service, the tenant shall serve a written notice on the landlord specifying the breach, if acting under this section, and, in such event and after allowing the landlord reasonable time to correct such breach, may:
1. Recover damages based upon the diminution in the fair rental value of the dwelling unit; or
2. Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance, as determined by the court.
B. If the tenant proceeds under this section, he shall be entitled to recover reasonable attorney fees; however, he may not proceed under § 55.1-1234 as to that breach. The rights of the tenant under this section shall not arise until he has given written notice to the landlord; however, no rights arise if the condition was caused by the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant.
1974, c. 680, § 55-248.23; 1982, c. 260; 2000, c. 760; 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