Cal. Civ. Code § 55.1-1234
Noncompliance by landlord.
Operative Text
Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with any provision of this chapter, materially affecting health and safety, the tenant may serve a written notice on the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if such breach is not remedied in 21 days. If the landlord commits a breach that is not remediable, the tenant may serve a written notice on the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice. If the landlord has been served with a prior written notice that required the landlord to remedy a breach, and the landlord remedied such breach, where the landlord intentionally commits a subsequent breach of a like nature as the prior breach, the tenant may serve a written notice on the landlord specifying the acts and omissions constituting the subsequent breach, make reference to the prior breach of a like nature, and state that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice. If the breach is remediable by repairs and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant. In addition, the tenant may recover damages and obtain injunctive relief for noncompliance by the landlord with the provisions of the rental agreement or of this chapter. The tenant shall be entitled to recover reasonable attorney fees unless the landlord proves by a preponderance of the evidence that the landlord's actions were reasonable under the circumstances. If the rental agreement is terminated due to the landlord's noncompliance, the landlord shall return the security deposit in accordance with § 55.1-1226 .
Virginia Code § 55.1-1234 establishes a process by which tenants may respond when a landlord materially fails to comply with a rental agreement or with statutory requirements that affect health and safety. Depending on the nature of the breach—whether it is remediable, non-remediable, or a repeated violation of the same kind—the tenant may issue written notice that sets a timeline for termination of the tenancy. If the landlord corrects a remediable breach before the specified termination date, the lease continues; if the agreement does end due to landlord noncompliance, the landlord must return the security deposit. Tenants may also pursue damages and injunctive relief, and may be entitled to recover reasonable attorney fees if the landlord's conduct is found unreasonable.
Plain English — not legal advice.
Under Va. Code § 55.1-1234, landlords who receive a written notice of breach generally have 21 days to remedy a remediable condition before the tenant's stated termination date takes effect. Compliant operators maintain records of any prior notices and the corrective actions taken, because a documented history of remediation is relevant if a dispute arises over whether a subsequent breach was intentional or of a like nature. Landlords who face a termination under this section are required to return the security deposit consistent with § 55.1-1226, and should be aware that courts may award the tenant reasonable attorney fees if the landlord's conduct is not found to have been reasonable under the circumstances.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1234 gives tenants a structured path to address a landlord's material failure to uphold the rental agreement or to meet statutory health-and-safety obligations, including the right to serve written notice that can lead to lease termination. Tenants also retain the right to seek monetary damages and injunctive relief for noncompliance, and may be entitled to recover reasonable attorney fees if the landlord cannot show its actions were reasonable. Tenants who believe a landlord has violated this provision may consider documenting the breach in writing, contacting a local tenant-rights organization, or consulting with a licensed Virginia attorney to understand the notice requirements and available remedies.
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.
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