55-248.23 - Wrongful failure to supply heat, water, hot water or essential services. - Virginia Statutes

§ 55-248.23. Wrongful failure to supply heat, water, hot water or essentialservices.

A. If contrary to the rental agreement or provisions of this chapter thelandlord willfully or negligently fails to supply heat, running water, hotwater, electricity, gas or other essential service, the tenant must serve awritten notice on the landlord specifying the breach, if acting under thissection and, in such event, and after a reasonable time allowed the landlordto correct such breach, may:

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

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

B. If the tenant proceeds under this section, he shall be entitled to recoverreasonable attorney fees; however, he may not proceed under § 55-248.21 as tothat breach. The rights of the tenant under this section shall not ariseuntil he has given written notice to the landlord; however, no rights ariseif the condition was caused by the deliberate or negligent act or omission ofthe tenant, a member of his family or other person on the premises with hisconsent.

(1974, c. 680; 1982, c. 260; 2000, c. 760.)