                                 CODE OF VIRGINIA

UNINHABITABLE DWELLING UNIT (§ 55.1-1234.1)

A. If, at the beginning of the tenancy, a condition exists in a rental dwelling
unit that constitutes a fire hazard or serious threat to the life, health, or
safety of tenants or occupants of the premises, including an infestation of
rodents or a lack of heat, hot or cold running water, electricity, or adequate
sewage disposal facilities, the tenant shall be entitled to terminate the rental
agreement and receive a full refund of all deposits and rent paid to the
landlord, so long as the tenant provides the landlord with written notice of his
intent to terminate the rental agreement within seven days of the date on which
possession of the dwelling unit was to have transferred to the tenant. Unless
the landlord asserts, pursuant to subsection B, that the tenant&#8217;s
termination of the rental agreement is unjustified, the landlord shall refund
all deposits and rent paid by the tenant to the tenant on or before the
fifteenth business day following the day on which (i) the termination notice is
delivered to the landlord or (ii) the tenant vacates the dwelling unit,
whichever occurs later.

B. If a tenant terminates a rental agreement pursuant to subsection A and the
landlord asserts that the tenant is unjustified in his termination of the rental
agreement, the landlord shall provide written notice to the tenant of his
refusal to accept the tenant&#8217;s termination notice, along with the reasons
for such refusal, within 15 business days following the date on which such
termination notice is delivered to the landlord.

C. A tenant who has not taken possession or who has vacated the dwelling unit
may file an action in a court of competent jurisdiction to contest the
landlord&#8217;s refusal to accept the termination notice, if applicable, and
for the return of any deposits and rent paid to the landlord. In any such
action, the prevailing party shall be entitled to recover reasonable attorney
fees.

HISTORY: 2023, c. 435.