2006 Code of Virginia § 55-248.21 - Noncompliance by landlord

55-248.21. Noncompliance by landlord.

Except as provided in this chapter, if there is a material noncompliance bythe landlord with the rental agreement or a noncompliance with any provisionof this chapter, materially affecting health and safety, the tenant may servea written notice on the landlord specifying the acts and omissionsconstituting the breach and stating that the rental agreement will terminateupon a date not less than 30 days after receipt of the notice if such breachis not remedied in 21 days.

If the landlord commits a breach which is not remediable, the tenant mayserve a written notice on the landlord specifying the acts and omissionsconstituting the breach, and stating that the rental agreement will terminateupon a date not less than 30 days after receipt of the notice.

If the landlord has been served with a prior written notice which requiredthe landlord to remedy a breach, and the landlord remedied such breach, wherethe landlord intentionally commits a subsequent breach of a like nature asthe prior breach, the tenant may serve a written notice on the landlordspecifying the acts and omissions constituting the subsequent breach, makereference to the prior breach of a like nature, and state that the rentalagreement will terminate upon a date not less than 30 days after receipt ofthe notice.

If the breach is remediable by repairs and the landlord adequately remediesthe breach prior to the date specified in the notice, the rental agreementwill not terminate. The tenant may not terminate for a condition caused bythe deliberate or negligent act or omission of the tenant, a member of hisfamily or other person on the premises with his consent whether known by thetenant or not. In addition, the tenant may recover damages and obtaininjunctive relief for noncompliance by the landlord with the provisions ofthe rental agreement or of this chapter. The tenant shall be entitled torecover reasonable attorneys' fees unless the landlord proves by apreponderance of the evidence that the landlord's actions were reasonableunder the circumstances. If the rental agreement is terminated due to thelandlord's noncompliance, the landlord shall return the security deposit inaccordance with 55-248.15:1.

(1974, c. 680; 1982, c. 260; 1987, c. 387; 2000, c. 760; 2003, c. 363.)