Cal. Civ. Code § 55.1-1238
Failure to deliver possession.
Operative Text
If the landlord willfully fails to deliver possession of the dwelling unit to the tenant, then rent abates until possession is delivered, and the tenant may (i) terminate the rental agreement upon at least five days' written notice to the landlord, upon which termination the landlord shall return all prepaid rent and security deposits, or (ii) demand performance of the rental agreement by the landlord. If the tenant elects, he may file an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person the actual damages sustained by him and reasonable attorney fees.
Virginia Code § 55.1-1238 addresses what happens when a landlord willfully fails to hand over a rental unit on the agreed date. Under this provision, rent stops accruing from the moment possession was due until it is actually delivered. The tenant then has a choice: cancel the agreement with at least five days' written notice and receive a full refund of prepaid rent and security deposits, or insist that the landlord fulfill the rental agreement. When the failure to deliver is willful and not in good faith, the law also allows the aggrieved party to pursue actual damages and reasonable attorney fees.
Plain English — not legal advice.
Property owners and managers operating under Va. Code § 55.1-1238 generally ensure that a unit is vacant, clean, and legally available for occupancy on the date specified in the rental agreement. Compliant operators address any holdover-tenant situations, construction delays, or other obstacles well before the move-in date so that possession can be delivered as promised. When a delay is unavoidable, operators typically communicate promptly and in good faith with the incoming tenant, since willful or bad-faith failures to deliver can expose the landlord to rent abatement, return of all prepaid funds, and potential liability for the tenant's actual damages and attorney fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Va. Code § 55.1-1238, a tenant who does not receive possession of their unit on the agreed date has meaningful options: they may terminate the rental agreement by giving at least five days' written notice and receive back all prepaid rent and security deposits, or they may demand that the landlord follow through on the agreement. If the landlord's failure is willful and not in good faith, the tenant may also pursue a court action for possession and seek actual damages plus reasonable attorney fees. Tenants in this situation often benefit from consulting a tenant-rights organization or legal aid office to understand which remedies and enforcement paths are available to them.
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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