                                 CODE OF VIRGINIA

TENANT&#8217;S REMEDY BY REPAIR (§ 55.1-1244.1)

A. For purposes of this section, &#8220;actual costs&#8221; means (i) the amount
paid on an invoice to a third-party licensed contractor or a licensed pesticide
business by a tenant, local government, or nonprofit entity or (ii) the amount
donated by a third-party contractor or pesticide business as reflected on such
contractor&#8217;s or pesticide business&#8217;s invoice.

B. If (i) there exists in the dwelling unit a condition that constitutes a
material noncompliance by the landlord with the rental agreement or with
provisions of law or that, if not promptly corrected, will constitute a fire
hazard or serious threat to the life, health, or safety of occupants of the
premises, including an infestation of rodents or a lack of heat, hot or cold
running water, light, electricity, or adequate sewage disposal facilities, and
(ii) the tenant has notified the landlord of the condition in writing, the
landlord shall take reasonable steps to make the repair or to remedy such
condition within 14 days of receiving notice from the tenant.

C. If the landlord does not take reasonable steps to repair or remedy the
offending condition within 14 days of receiving a tenant&#8217;s notice pursuant
to subsection B, the tenant may contract with a third-party contractor licensed
by the Board for Contractors or, in the case of a rodent infestation, a
pesticide business employing commercial applicators or registered technicians
who are licensed, certified, and registered with the Department of Agriculture
and Consumer Services pursuant to Chapter 39 (&#xA7; 3.2-3900 et seq.) of Title
3.2, to repair or remedy the condition specified in the notice. A tenant who
contracts with a third-party licensed contractor or pesticide business is
entitled to recover the actual costs incurred for the work performed, not
exceeding the greater of one month&#8217;s rent or $1,500. Unless the tenant has
been reimbursed by the landlord, the tenant may deduct the actual costs incurred
for the work performed pursuant to the contract with the third-party contractor
or pesticide business after submitting to the landlord an itemized statement
accompanied by receipts for purchased items and third-party contractor or pest
control services.

D. A local government or nonprofit entity may procure the services of a
third-party licensed contractor or pesticide business on behalf of the tenant
pursuant to subsection B. Such assistance shall have no effect on the
tenant&#8217;s entitlement under this section to be reimbursed by the landlord
or to make a deduction from the periodic rent.

E. A tenant may not repair a property condition at the landlord&#8217;s expense
under this section to the extent that (i) the property condition was caused by
an act or omission of the tenant, an authorized occupant, or a guest or invitee;
(ii) the landlord was unable to remedy the property condition because the
landlord was denied access to the dwelling unit; or (iii) the landlord had
already remedied the property condition prior to the tenant&#8217;s contracting
with a licensed third-party contractor or pesticide business pursuant to
subsection C.

HISTORY: 2020, c. 1020.