                                 CODE OF VIRGINIA

FIRE OR CASUALTY DAMAGE (§ 55.1-1240)

If the dwelling unit or premises is damaged or destroyed by fire or casualty to
an extent that the tenant&#8217;s enjoyment of the dwelling unit is
substantially impaired or required repairs can only be accomplished if the
tenant vacates the dwelling unit, either the tenant or the landlord may
terminate the rental agreement. The tenant may terminate the rental agreement by
vacating the premises and within 14 days thereafter, serving on the landlord a
written notice of his intention to terminate the rental agreement, in which case
the rental agreement terminates as of the date of vacating. If continued
occupancy is lawful, § 55.1-1411 shall apply.
		The landlord may terminate the rental agreement by giving the tenant 14
days&#8217; notice of his intention to terminate the rental agreement on the
basis of the landlord&#8217;s determination that such damage requires the
removal of the tenant and that the use of the premises is substantially
impaired, in which case the rental agreement terminates as of the expiration of
the notice period.
		If the rental agreement is terminated, the landlord shall return all security
deposits in accordance with § 55.1-1226 and prepaid rent, plus accrued
interest, recoverable by law unless the landlord reasonably believes that the
tenant, an authorized occupant, or a guest or invitee of the tenant was the
cause of the damage or casualty, in which case the landlord shall provide a
written statement to the tenant for the security and prepaid rent, plus accrued
interest based upon the damage or casualty, and may recover actual damages
sustained pursuant to § 55.1-1251. Proration for rent in the event of
termination or apportionment shall be made as of the date of the casualty.

HISTORY: 1974, c. 680, § 55-248.24; 1982, c. 260; 2000, c. 760; 2005, c. 807;
2011, c. 766; 2015, c. 596; 2016, c. 744; 2017, c. 730; 2019, c. 712.