                                 CODE OF VIRGINIA

FAILURE TO DELIVER POSSESSION (§ 55.1-1238)

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&#8217; 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&#8217;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.

HISTORY: 1974, c. 680, § 55-248.22; 2000, c. 760; 2019, c. 712.