Cal. Civ. Code § 55.1-1218
Required disclosures for properties with defective drywall; remedy for nondisclosure.
Operative Text
A. If the landlord of a dwelling unit has actual knowledge of the existence of defective drywall in such dwelling unit that has not been remediated, the landlord shall provide to a prospective tenant a written disclosure that the property has defective drywall. Such disclosure shall be provided prior to the execution by the tenant of a written lease agreement or, in the case of an oral lease agreement, prior to occupancy by the tenant. For purposes of this section, "defective drywall" means all defective drywall as defined in § 36-156.1 . B. Any tenant who is not provided the disclosure required by subsection A may terminate the lease agreement at any time within 60 days of discovery of the existence of defective drywall by providing written notice to the landlord in accordance with the lease or as required by law. Such termination shall be effective as of (i) 15 days after the date of the mailing of the notice or (ii) the date through which rent has been paid, whichever is later. In no event, however, shall the effective date of the termination exceed one month from the date of mailing. Termination of the lease agreement shall be the exclusive remedy for the failure to comply with the disclosure provisions of this section, and shall not affect any rights or duties of the landlord or tenant arising under this chapter, other applicable law, or the rental agreement.
Virginia Code § 55.1-1218 requires landlords who have actual knowledge of unremediated defective drywall in a dwelling unit to give prospective tenants a written disclosure of that condition before a lease is signed or, for oral leases, before the tenant moves in. If a landlord fails to provide this disclosure, the tenant gains a specific right to terminate the lease within 60 days of discovering the defective drywall. The termination takes effect either 15 days after the notice is mailed or the date through which rent has been paid, whichever is later, but no more than one month after mailing. Lease termination is the sole remedy the law provides for a violation of this disclosure requirement.
Plain English — not legal advice.
Under Va. Code § 55.1-1218, property owners and managers who are aware of unremediated defective drywall in a unit generally provide written disclosure of that condition to every prospective tenant before any lease is executed. Maintaining documentation of when and how the disclosure was delivered helps demonstrate compliance with the pre-lease timing requirement. Operators who have remediated defective drywall typically keep records of that remediation, since the disclosure obligation applies only where defective drywall has not been addressed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1218 gives tenants a meaningful protection: if a landlord knew about unremediated defective drywall and did not disclose it in writing before the lease was signed or occupancy began, a tenant has up to 60 days from discovering the condition to send written notice terminating the lease. The termination becomes effective 15 days after the notice is mailed or the date through which rent has been paid, whichever is later, capped at one month from mailing. Tenants who believe this disclosure was withheld may wish to consult a tenant-rights organization or legal aid office to understand how this remedy interacts with other rights under the lease or applicable law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.