                                 CODE OF VIRGINIA

TENANT&#8217;S REMEDIES FOR EXCLUSION FROM DWELLING UNIT, INTERRUPTION OF
SERVICES, OR ACTIONS TAKEN TO MAKE PREMISES UNSAFE (§ 55.1-1243.1)

A. A general district court shall enter an order pursuant to this section upon
petition by a tenant who presents evidence establishing that his landlord has
willfully and without authority from the court (i) removed or excluded the
tenant from the dwelling unit unlawfully, (ii) interrupted or caused the
interruption of an essential service to the tenant, or (iii) taken action to
make the premises unsafe for habitation.

B. An order entered pursuant to this section may require the landlord to (i)
allow the tenant to recover possession of the dwelling unit, (ii) resume any
such interrupted essential service, or (iii) fix any willful actions taken by
the landlord or his agent to make the premises unsafe for habitation.

C. The initial hearing on the tenant&#8217;s petition shall be held within five
calendar days from the date of the filing of the petition. The court may issue a
preliminary order ex parte to require the landlord to take action described in
subsection B if the court finds (i) there is good cause shown to do so and (ii)
the tenant made reasonable efforts to alert the landlord of the hearing. Any
preliminary ex parte order issued pursuant to this section shall further include
a date of no more than 10 days after the initial hearing for a full hearing to
consider the merits of the petition and the damages described in subsection D.
At the full hearing, the court may terminate the rental agreement upon request
of the tenant and order the landlord to return all of the security deposit in
accordance with &#xA7; 55.1-1226.

D. In a full hearing on a petition filed pursuant to this section and upon
evidence presented establishing one or more of the factors in subsection A, the
tenant shall recover (i) the actual damages sustained by him; (ii) statutory
damages of $5,000 or four months&#8217; rent, whichever is greater; and (iii)
reasonable attorney fees.

HISTORY: 2021, Sp. Sess. I, cc. 403, 404.