55-248.24 - Fire or casualty damage. - Virginia Statutes

§ 55-248.24. Fire or casualty damage.

If the dwelling unit or premises are damaged or destroyed by fire or casualtyto an extent that the tenant's enjoyment of the dwelling unit issubstantially impaired or required repairs can only be accomplished if thetenant vacates the dwelling unit, either the tenant or the landlord mayterminate the rental agreement. The tenant may terminate the rental agreementby vacating the premises and within 14 days thereafter, serve on the landlorda written notice of his intention to terminate the rental agreement, in whichcase the rental agreement terminates as of the date of vacating; or ifcontinued occupancy is lawful, § 55-226 shall apply.

The landlord may terminate the rental agreement by giving the tenant 45 days'notice of his intention to terminate the rental agreement based upon thelandlord's determination that such damage requires the removal of the tenantand the use of the premises is substantially impaired, in which case therental agreement terminates as of the expiration of the notice period.

If the rental agreement is terminated, the landlord shall return all securitydeposits in accordance with § 55-248.15:1 and prepaid rent, plus accruedinterest, recoverable by law unless the landlord reasonably believes that thetenant, tenant's guests, invitees or authorized occupants were the cause ofthe damage or casualty, in which case the landlord shall account to thetenant for the security and prepaid rent, plus accrued interest based uponthe damage or casualty. Accounting for rent in the event of termination orapportionment shall be made as of the date of the casualty.

(1974, c. 680; 1982, c. 260; 2000, c. 760; 2005, c. 807.)