2006 Code of Virginia § 55-248.12:1 - Required disclosures for properties located adjacent to a military air installation; remedy for non...

55-248.12:1. Required disclosures for properties located adjacent to amilitary air installation; remedy for nondisclosure.

A. Notwithstanding the provisions of subdivision A 10 of 55-248.5, thelandlord of property in any locality in which a military air installation islocated, or any person authorized to enter into a rental agreement on hisbehalf, shall provide to a prospective tenant a written disclosure that theproperty is located in a noise zone or accident potential zone, or both, asdesignated by the locality on its official zoning map. Such disclosure shallbe provided prior to the execution by the tenant of a written lease agreementor, in the case of an oral lease agreement, prior to occupancy by the tenant.The disclosure shall specify the noise zone or accident potential zone inwhich the property is located according to the official zoning map of thelocality. A disclosure made pursuant to this section containing inaccurateinformation regarding the location of the noise zone or accident potentialzone shall be deemed as nondisclosure unless the inaccurate information isprovided by an officer or employee of the locality in which the property islocated.

B. Any tenant who is not provided the disclosure required by subsection A mayterminate the lease agreement at any time during the first 30 days of thelease period by sending to the landlord by certified or registered mail,return receipt requested, a written notice of termination. Such terminationshall be effective as of (i) 15 days after the date of the mailing of thenotice 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 onemonth from the date of mailing. Termination of the lease agreement shall bethe exclusive remedy for the failure to comply with the disclosure provisionsof this section, and shall not affect any rights or duties of the landlord ortenant arising under this chapter, other applicable law, or the rentalagreement.

(2005, c. 511.)