{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1234.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1234.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1234.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1234.html"}],"law_id":84339,"edition_id":1,"section_id":84339,"structure_id":15022,"section_number":"55.1-1234","catch_line":"Noncompliance by landlord","history":"1974, c. 680, \u00a7 55-248.21; 1982, c. 260; 1987, c. 387; 2000, c. 760; 2003, c. 363; 2019, c. 712.","full_text":"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.\n\t\tIf 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.\n\t\tIf 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.\n\t\tIf 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 \u00a7 55.1-1226.","order_by":null,"text":{"0":{"id":302303,"text":"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.\n\t\tIf 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.\n\t\tIf 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.\n\t\tIf 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 \u00a7 55.1-1226.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15022,"edition_id":1,"name":"Tenant Remedies","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:51:34","date_modified":"2026-06-26 03:51:34","permalink":{"id":246041,"object_type":"structure","relational_id":15022,"identifier":"4","token":"55.1\/III\/12\/4","url":"\/55.1\/III\/12\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14100,"edition_id":1,"name":"Virginia Residential Landlord and Tenant Act","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":245885,"object_type":"structure","relational_id":14100,"identifier":"12","token":"55.1\/III\/12","url":"\/55.1\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84339,"structure_id":15022,"section_number":"55.1-1234","catch_line":"Noncompliance by landlord","url":"\/55.1-1234\/","token":"55.1\/III\/12\/4\/55.1-1234","metadata":false},{"id":63784,"structure_id":15022,"section_number":"55.1-1234.1","catch_line":"Uninhabitable dwelling unit","url":"\/55.1-1234.1\/","token":"55.1\/III\/12\/4\/55.1-1234.1","metadata":false},{"id":60083,"structure_id":15022,"section_number":"55.1-1235","catch_line":"Early termination of rental agreement by military personnel","url":"\/55.1-1235\/","token":"55.1\/III\/12\/4\/55.1-1235","metadata":false},{"id":68972,"structure_id":15022,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","url":"\/55.1-1236\/","token":"55.1\/III\/12\/4\/55.1-1236","metadata":false},{"id":65508,"structure_id":15022,"section_number":"55.1-1237","catch_line":"Notice to tenant in event of foreclosure","url":"\/55.1-1237\/","token":"55.1\/III\/12\/4\/55.1-1237","metadata":false},{"id":76367,"structure_id":15022,"section_number":"55.1-1238","catch_line":"Failure to deliver possession","url":"\/55.1-1238\/","token":"55.1\/III\/12\/4\/55.1-1238","metadata":false},{"id":63674,"structure_id":15022,"section_number":"55.1-1239","catch_line":"Wrongful failure to supply an essential service","url":"\/55.1-1239\/","token":"55.1\/III\/12\/4\/55.1-1239","metadata":false},{"id":69167,"structure_id":15022,"section_number":"55.1-1240","catch_line":"Fire or casualty damage","url":"\/55.1-1240\/","token":"55.1\/III\/12\/4\/55.1-1240","metadata":false},{"id":78917,"structure_id":15022,"section_number":"55.1-1241","catch_line":"Landlord's noncompliance as defense to action for possession for nonpayment of rent","url":"\/55.1-1241\/","token":"55.1\/III\/12\/4\/55.1-1241","metadata":false},{"id":77626,"structure_id":15022,"section_number":"55.1-1242","catch_line":"Rent escrow required for continuance of tenant's case","url":"\/55.1-1242\/","token":"55.1\/III\/12\/4\/55.1-1242","metadata":false},{"id":66990,"structure_id":15022,"section_number":"55.1-1243","catch_line":"Repealed","url":"\/55.1-1243\/","token":"55.1\/III\/12\/4\/55.1-1243","metadata":false},{"id":59240,"structure_id":15022,"section_number":"55.1-1243.1","catch_line":"Tenant's remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe","url":"\/55.1-1243.1\/","token":"55.1\/III\/12\/4\/55.1-1243.1","metadata":false},{"id":57281,"structure_id":15022,"section_number":"55.1-1243.2","catch_line":"Tenant's remedies for exclusion from dwelling unit due to condemnation","url":"\/55.1-1243.2\/","token":"55.1\/III\/12\/4\/55.1-1243.2","metadata":false},{"id":69403,"structure_id":15022,"section_number":"55.1-1244","catch_line":"Tenant's assertion; rent escrow","url":"\/55.1-1244\/","token":"55.1\/III\/12\/4\/55.1-1244","metadata":false},{"id":58681,"structure_id":15022,"section_number":"55.1-1244.1","catch_line":"Tenant's remedy by repair","url":"\/55.1-1244.1\/","token":"55.1\/III\/12\/4\/55.1-1244.1","metadata":false}],"next_section":{"id":63784,"structure_id":15022,"section_number":"55.1-1234.1","catch_line":"Uninhabitable dwelling unit","url":"\/55.1-1234.1\/","token":"55.1\/III\/12\/4\/55.1-1234.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1234\/","history_text":"<p>This law was first created in 1974. The record of its establishment is cataloged in chapter 680 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1982, chapter 260; in 1987, chapter 387; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0760\">760<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0363\">363<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>.<\/p>","references":[{"id":63674,"section_number":"55.1-1239","catch_line":"Wrongful failure to supply an essential service","order_by":null,"url":"\/55.1-1239\/"},{"id":85946,"section_number":"55.1-1311","catch_line":"Other provisions of law applicable","order_by":null,"url":"\/55.1-1311\/"}],"refers_to":[{"id":55889,"section_number":"55.1-1226","catch_line":"Security deposits","order_by":null,"url":"\/55.1-1226\/"}],"permalink":{"id":246043,"object_type":"law","relational_id":84339,"identifier":"55.1-1234","token":"55.1\/III\/12\/4\/55.1-1234","url":"\/55.1-1234\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1234\/","token":"55.1\/III\/12\/4\/55.1-1234","dublin_core":{"Title":"Noncompliance by landlord","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1234","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Except as provided in this chapter, if there is a <span class=\"dictionary\">material<\/span> noncompliance by the <span class=\"dictionary\">landlord<\/span> with the <span class=\"dictionary\">rental agreement<\/span> or a noncompliance with any provision of this chapter, materially affecting health and safety, the <span class=\"dictionary\">tenant<\/span> may serve a <span class=\"dictionary\">written notice<\/span> on the <span class=\"dictionary\">landlord<\/span> specifying the acts and omissions constituting the breach and stating that the <span class=\"dictionary\">rental agreement<\/span> will terminate upon a date not less than 30 days after receipt of the notice if such breach is not remedied in 21 days.\n\t\tIf the <span class=\"dictionary\">landlord<\/span> commits a breach that is not remediable, the <span class=\"dictionary\">tenant<\/span> may serve a <span class=\"dictionary\">written notice<\/span> on the <span class=\"dictionary\">landlord<\/span> specifying the acts and omissions constituting the breach and stating that the <span class=\"dictionary\">rental agreement<\/span> will terminate upon a date not less than 30 days after receipt of the notice.\n\t\tIf the <span class=\"dictionary\">landlord<\/span> has been served with a prior <span class=\"dictionary\">written notice<\/span> that required the <span class=\"dictionary\">landlord<\/span> to remedy a breach, and the <span class=\"dictionary\">landlord<\/span> remedied such breach, where the <span class=\"dictionary\">landlord<\/span> intentionally commits a subsequent breach of a like nature as the prior breach, the <span class=\"dictionary\">tenant<\/span> may serve a <span class=\"dictionary\">written notice<\/span> on the <span class=\"dictionary\">landlord<\/span> specifying the acts and omissions constituting the subsequent breach, make reference to the prior breach of a like nature, and state that the <span class=\"dictionary\">rental agreement<\/span> will terminate upon a date not less than 30 days after receipt of the notice.\n\t\tIf the breach is remediable by repairs and the <span class=\"dictionary\">landlord<\/span> adequately remedies the breach prior to the date specified in the notice, the <span class=\"dictionary\">rental agreement<\/span> will not terminate. The <span class=\"dictionary\">tenant<\/span> may not terminate for a condition caused by the deliberate or negligent act or omission of the <span class=\"dictionary\">tenant<\/span>, an <span class=\"dictionary\">authorized occupant<\/span>, or a <span class=\"dictionary\">guest or invitee<\/span> of the <span class=\"dictionary\">tenant<\/span>. In addition, the <span class=\"dictionary\">tenant<\/span> may recover <span class=\"dictionary\">damages<\/span> and obtain injunctive relief for noncompliance by the <span class=\"dictionary\">landlord<\/span> with the provisions of the <span class=\"dictionary\">rental agreement<\/span> or of this chapter. The <span class=\"dictionary\">tenant<\/span> shall be entitled to recover reasonable attorney fees unless the <span class=\"dictionary\">landlord<\/span> proves by a <span class=\"dictionary\">preponderance of the evidence<\/span> that the <span class=\"dictionary\">landlord<\/span>&#8217;s <span class=\"dictionary\">actions<\/span> were reasonable under the circumstances. If the <span class=\"dictionary\">rental agreement<\/span> is terminated due to the <span class=\"dictionary\">landlord<\/span>&#8217;s noncompliance, the <span class=\"dictionary\">landlord<\/span> shall return the <span class=\"dictionary\">security deposit<\/span> in accordance with \u00a7&nbsp;<a class=\"law\" title=\"Security deposits\" href=\"\/55.1-1226\/\">55.1-1226<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nNONCOMPLIANCE BY LANDLORD (\u00a7 55.1-1234)\n\nExcept as provided in this chapter, if there is a material noncompliance by the\nlandlord with the rental agreement or a noncompliance with any provision of this\nchapter, materially affecting health and safety, the tenant may serve a written\nnotice on the landlord specifying the acts and omissions constituting the breach\nand stating that the rental agreement will terminate upon a date not less than\n30 days after receipt of the notice if such breach is not remedied in 21 days.\n\t\tIf the landlord commits a breach that is not remediable, the tenant may serve\na written notice on the landlord specifying the acts and omissions constituting\nthe breach and stating that the rental agreement will terminate upon a date not\nless than 30 days after receipt of the notice.\n\t\tIf the landlord has been served with a prior written notice that required the\nlandlord to remedy a breach, and the landlord remedied such breach, where the\nlandlord intentionally commits a subsequent breach of a like nature as the prior\nbreach, the tenant may serve a written notice on the landlord specifying the\nacts and omissions constituting the subsequent breach, make reference to the\nprior breach of a like nature, and state that the rental agreement will\nterminate upon a date not less than 30 days after receipt of the notice.\n\t\tIf the breach is remediable by repairs and the landlord adequately remedies\nthe breach prior to the date specified in the notice, the rental agreement will\nnot terminate. The tenant may not terminate for a condition caused by the\ndeliberate or negligent act or omission of the tenant, an authorized occupant,\nor a guest or invitee of the tenant. In addition, the tenant may recover damages\nand obtain injunctive relief for noncompliance by the landlord with the\nprovisions of the rental agreement or of this chapter. The tenant shall be\nentitled to recover reasonable attorney fees unless the landlord proves by a\npreponderance of the evidence that the landlord&#8217;s actions were reasonable\nunder the circumstances. If the rental agreement is terminated due to the\nlandlord&#8217;s noncompliance, the landlord shall return the security deposit\nin accordance with \u00a7 55.1-1226.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.21; 1982, c. 260; 1987, c. 387; 2000, c. 760;\n2003, c. 363; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}