{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1238.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1238.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1238.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1238.html"}],"law_id":76367,"edition_id":1,"section_id":76367,"structure_id":15022,"section_number":"55.1-1238","catch_line":"Failure to deliver possession","history":"1974, c. 680, \u00a7 55-248.22; 2000, c. 760; 2019, c. 712.","full_text":"If the landlord willfully fails to deliver possession of the dwelling unit to the tenant, then rent abates until possession is delivered, and the tenant may (i) terminate the rental agreement upon at least five days’ written notice to the landlord, upon which termination the landlord shall return all prepaid rent and security deposits, or (ii) demand performance of the rental agreement by the landlord. If the tenant elects, he may file an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him. If a person’s failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person the actual damages sustained by him and reasonable attorney fees.","order_by":null,"text":{"0":{"id":274160,"text":"If the landlord willfully fails to deliver possession of the dwelling unit to the tenant, then rent abates until possession is delivered, and the tenant may (i) terminate the rental agreement upon at least five days’ written notice to the landlord, upon which termination the landlord shall return all prepaid rent and security deposits, or (ii) demand performance of the rental agreement by the landlord. If the tenant elects, he may file an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him. If a person’s failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person the actual damages sustained by him and reasonable attorney fees.","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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1238\/","history_text":"

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 2 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 2000, chapter 760<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":246063,"object_type":"law","relational_id":76367,"identifier":"55.1-1238","token":"55.1\/III\/12\/4\/55.1-1238","url":"\/55.1-1238\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1238\/","token":"55.1\/III\/12\/4\/55.1-1238","dublin_core":{"Title":"Failure to deliver possession","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1238","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the landlord<\/span> willfully fails to deliver possession<\/span> of the dwelling unit<\/span> to the tenant<\/span>, then rent<\/span> abates until possession<\/span> is delivered, and the tenant<\/span> may (i) terminate the rental agreement<\/span> upon at least five days’ written notice<\/span> to the landlord<\/span>, upon which termination the landlord<\/span> shall return all prepaid rent<\/span> and security deposits<\/span>, or (ii) demand performance of the rental agreement<\/span> by the landlord<\/span>. If the tenant<\/span> elects, he may file an action<\/span> for possession<\/span> of the dwelling unit<\/span> against the landlord<\/span> or any person<\/span> wrongfully in possession<\/span> and recover the damages<\/span> sustained by him. If a person<\/span>’s failure to deliver possession<\/span> is willful and not in good faith<\/span>, an aggrieved person<\/span> may recover from that person<\/span> the actual damages<\/span> sustained by him and reasonable attorney fees.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFAILURE TO DELIVER POSSESSION (\u00a7 55.1-1238)\n\nIf the landlord willfully fails to deliver possession of the dwelling unit to\nthe tenant, then rent abates until possession is delivered, and the tenant may\n(i) terminate the rental agreement upon at least five days’ written notice\nto the landlord, upon which termination the landlord shall return all prepaid\nrent and security deposits, or (ii) demand performance of the rental agreement\nby the landlord. If the tenant elects, he may file an action for possession of\nthe dwelling unit against the landlord or any person wrongfully in possession\nand recover the damages sustained by him. If a person’s failure to deliver\npossession is willful and not in good faith, an aggrieved person may recover\nfrom that person the actual damages sustained by him and reasonable attorney\nfees.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.22; 2000, c. 760; 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}}