                                 CODE OF VIRGINIA

NONCOMPLIANCE BY LANDLORD (§ 55.1-1234)

Except as provided in this chapter, if there is a material noncompliance by the
landlord with the rental agreement or a noncompliance with any provision of this
chapter, materially affecting health and safety, the tenant may serve a written
notice on the landlord specifying the acts and omissions constituting the breach
and stating that the rental agreement will terminate upon a date not less than
30 days after receipt of the notice if such breach is not remedied in 21 days.

If the landlord commits a breach that is not remediable, the tenant may serve a
written notice on the landlord specifying the acts and omissions constituting
the breach and stating that the rental agreement will terminate upon a date not
less than 30 days after receipt of the notice.

If the landlord has been served with a prior written notice that required the
landlord to remedy a breach, and the landlord remedied such breach, where the
landlord intentionally commits a subsequent breach of a like nature as the prior
breach, the tenant may serve a written notice on the landlord specifying the
acts and omissions constituting the subsequent breach, make reference to the
prior breach of a like nature, and state that the rental agreement will
terminate upon a date not less than 30 days after receipt of the notice.

If the breach is remediable by repairs and the landlord adequately remedies the
breach prior to the date specified in the notice, the rental agreement will not
terminate. The tenant may not terminate for a condition caused by the deliberate
or negligent act or omission of the tenant, an authorized occupant, or a guest
or invitee of the tenant. In addition, the tenant may recover damages and obtain
injunctive relief for noncompliance by the landlord with the provisions of the
rental agreement or of this chapter. The tenant shall be entitled to recover
reasonable attorney fees unless the landlord proves by a preponderance of the
evidence that the landlord&#8217;s actions were reasonable under the
circumstances. If the rental agreement is terminated due to the landlord&#8217;s
noncompliance, the landlord shall return the security deposit in accordance with
§ 55.1-1226.

HISTORY: 1974, c. 680, § 55-248.21; 1982, c. 260; 1987, c. 387; 2000, c. 760;
2003, c. 363; 2019, c. 712.