                                 CODE OF VIRGINIA

WRONGFUL FAILURE TO SUPPLY AN ESSENTIAL SERVICE (§ 55.1-1239)

A. 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:

   1. Recover damages based upon the diminution in the fair rental value of the
   dwelling unit; or

   2. Procure reasonable substitute housing during the period of the
   landlord&#8217;s noncompliance, in which case the tenant is excused from
   paying rent for the period of the landlord&#8217;s noncompliance, as
   determined by the court.

B. If the tenant proceeds under this section, he shall be entitled to recover
reasonable attorney fees; however, he may not proceed under &#xA7; 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.

HISTORY: 1974, c. 680, § 55-248.23; 1982, c. 260; 2000, c. 760; 2019, c. 712.