{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1239.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1239.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1239.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1239.html"}],"law_id":63674,"edition_id":1,"section_id":63674,"structure_id":15022,"section_number":"55.1-1239","catch_line":"Wrongful failure to supply an essential service","history":"1974, c. 680, \u00a7 55-248.23; 1982, c. 260; 2000, c. 760; 2019, c. 712.","full_text":"A\n\nIf contrary to the rental agreement or provisions of this chapter the landlord willfully or negligently fails to supply an essential service, the tenant shall serve a written notice on the landlord specifying the breach, if acting under this section, and, in such event and after allowing the landlord reasonable time to correct such breach, may:1\n\nRecover damages based upon the diminution in the fair rental value of the dwelling unit; or2\n\nProcure reasonable substitute housing during the period of the landlord’s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance, as determined by the court.B\n\nIf the tenant proceeds under this section, he shall be entitled to recover reasonable attorney fees; however, he may not proceed under § 55.1-1234 as to that breach. The rights of the tenant under this section shall not arise until he has given written notice to the landlord; however, no rights arise if the condition was caused by the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant.","order_by":null,"text":{"0":{"id":231919,"text":"If contrary to the rental agreement or provisions of this chapter the landlord willfully or negligently fails to supply an essential service, the tenant shall serve a written notice on the landlord specifying the breach, if acting under this section, and, in such event and after allowing the landlord reasonable time to correct such breach, may:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":231920,"text":"Recover damages based upon the diminution in the fair rental value of the dwelling unit; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":231921,"text":"Procure reasonable substitute housing during the period of the landlord’s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance, as determined by the court.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":231922,"text":"If the tenant proceeds under this section, he shall be entitled to recover reasonable attorney fees; however, he may not proceed under § 55.1-1234 as to that breach. The rights of the tenant under this section shall not arise until he has given written notice to the landlord; however, no rights arise if the condition was caused by the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1239\/","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 3 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 2000, chapter 760<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":84339,"section_number":"55.1-1234","catch_line":"Noncompliance by landlord","order_by":null,"url":"\/55.1-1234\/"}],"permalink":{"id":246067,"object_type":"law","relational_id":63674,"identifier":"55.1-1239","token":"55.1\/III\/12\/4\/55.1-1239","url":"\/55.1-1239\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1239\/","token":"55.1\/III\/12\/4\/55.1-1239","dublin_core":{"Title":"Wrongful failure to supply an essential service","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1239","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If contrary to the rental agreement<\/span> or provisions of this chapter the landlord<\/span> willfully or negligently fails to supply an essential service<\/span>, the tenant<\/span> shall serve a written notice<\/span> on the landlord<\/span> specifying the breach, if acting under this section, and, in such event and after allowing the landlord<\/span> reasonable time to correct such breach, may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Recover damages<\/span> based upon the diminution in the fair rental value of the dwelling unit<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Procure reasonable substitute housing during the period of the landlord<\/span>’s noncompliance, in which case the tenant<\/span> is excused from paying rent<\/span> for the period of the landlord<\/span>’s noncompliance, as determined by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the tenant<\/span> proceeds under this section, he shall be entitled to recover reasonable attorney fees; however, he may not proceed under § 55.1-1234<\/a> as to that breach. The rights of the tenant<\/span> under this section shall not arise until he has given written notice<\/span> to the landlord<\/span>; however, no rights arise if the condition was caused by the deliberate or negligent act or omission of the tenant<\/span>, an authorized occupant<\/span>, or a guest or invitee<\/span> of the tenant<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWRONGFUL FAILURE TO SUPPLY AN ESSENTIAL SERVICE (\u00a7 55.1-1239)\n\nA. If contrary to the rental agreement or provisions of this chapter the\nlandlord willfully or negligently fails to supply an essential service, the\ntenant shall serve a written notice on the landlord specifying the breach, if\nacting under this section, and, in such event and after allowing the landlord\nreasonable time to correct such breach, may:\n\n 1. Recover damages based upon the diminution in the fair rental value of the\n dwelling unit; or\n\n 2. Procure reasonable substitute housing during the period of the\n landlord’s noncompliance, in which case the tenant is excused from\n paying rent for the period of the landlord’s noncompliance, as\n determined by the court.\n\nB. If the tenant proceeds under this section, he shall be entitled to recover\nreasonable attorney fees; however, he may not proceed under § 55.1-1234 as\nto that breach. The rights of the tenant under this section shall not arise\nuntil he has given written notice to the landlord; however, no rights arise if\nthe condition was caused by the deliberate or negligent act or omission of the\ntenant, an authorized occupant, or a guest or invitee of the tenant.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.23; 1982, c. 260; 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}}