Code of Virginia
Chapter 12 - Virginia Residential Landlord and Tenant Act
§ 55.1-1243.1. Tenant's remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe

A. A general district court shall enter an order pursuant to this section upon petition by a tenant who presents evidence establishing that his landlord has willfully and without authority from the court (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation.
B. An order entered pursuant to this section may require the landlord to (i) allow the tenant to recover possession of the dwelling unit, (ii) resume any such interrupted essential service, or (iii) fix any willful actions taken by the landlord or his agent to make the premises unsafe for habitation.
C. The initial hearing on the tenant's petition shall be held within five calendar days from the date of the filing of the petition. The court may issue a preliminary order ex parte to require the landlord to take action described in subsection B if the court finds (i) there is good cause shown to do so and (ii) the tenant made reasonable efforts to alert the landlord of the hearing. Any preliminary ex parte order issued pursuant to this section shall further include a date of no more than 10 days after the initial hearing for a full hearing to consider the merits of the petition and the damages described in subsection D. At the full hearing, the court may terminate the rental agreement upon request of the tenant and order the landlord to return all of the security deposit in accordance with § 55.1-1226.
D. In a full hearing on a petition filed pursuant to this section and upon evidence presented establishing one or more of the factors in subsection A, the tenant shall recover (i) the actual damages sustained by him; (ii) statutory damages of $5,000 or four months' rent, whichever is greater; and (iii) reasonable attorney fees.
2021, Sp. Sess. I, c. 403, 404.

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