Virginia § 55.1-1243.2 Tenant's remedies for exclusion from dwelling unit due to condemnation

Virginia Statutes

§ 55.1-1243.2 — Tenant's remedies for exclusion from dwelling unit due to condemnation

Virginia § 55.1-1243.2

JurisdictionVirginia

Title 55.1Property and Conveyances

Subtitle IIIRental Conveyances

Ch. 12Virginia Residential Landlord and Tenant Act

Art. 4Tenant Remedies

This text of Virginia § 55.1-1243.2 (Tenant's remedies for exclusion from dwelling unit due to condemnation) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 55.1-1243.2 (2026).

Text

A.If the tenant gave notice to the landlord during the tenancy that his dwelling unit was in violation of an applicable building code, such violation posed a substantial risk to the health, safety, or welfare of a tenant, and such violation resulted in the tenant being excluded from his dwelling unit due to such unit being condemned, the landlord shall be liable to the tenant for actual damages. The landlord shall also return to the tenant any (i) prepaid rent that had not become due as of the date of condemnation, (ii) security deposit, or (iii) rent paid, if any, to the landlord subsequent to the unit being condemned.

B.No landlord shall be liable pursuant to this section if:

1.The condemnation of the dwelling unit was caused by (i) the deliberate or negligent act or omission of the

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A. If the tenant gave notice to the landlord during the tenancy that his dwelling unit was in violation of an applicable building code, such violation posed a substantial risk to the health, safety, or welfare of a tenant, and such violation resulted in the tenant being excluded from his dwelling unit due to such unit being condemned, the landlord shall be liable to the tenant for actual damages. The landlord shall also return to the tenant any (i) prepaid rent that had not become due as of the date of condemnation, (ii) security deposit, or (iii) rent paid, if any, to the landlord subsequent to the unit being condemned.

B. No landlord shall be liable pursuant to this section if:

1. The condemnation of the dwelling unit was caused by (i) the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant or (ii) an act of God; or

2. The lease was properly terminated pursuant to § 55.1-1240.