Cal. Civ. Code § 55.1-1244.1
Tenant's remedy by repair.
Operative Text
A. For purposes of this section, "actual costs" means (i) the amount paid on an invoice to a third-party licensed contractor or a licensed pesticide business by a tenant, local government, or nonprofit entity or (ii) the amount donated by a third-party contractor or pesticide business as reflected on such contractor's or pesticide business's invoice. B. If (i) there exists in the dwelling unit a condition that constitutes a material noncompliance by the landlord with the rental agreement or with provisions of law or that, if not promptly corrected, will constitute a fire hazard or serious threat to the life, health, or safety of occupants of the premises, including an infestation of rodents or a lack of heat, hot or cold running water, light, electricity, or adequate sewage disposal facilities, and (ii) the tenant has notified the landlord of the condition in writing, the landlord shall take reasonable steps to make the repair or to remedy such condition within 14 days of receiving notice from the tenant. C. If the landlord does not take reasonable steps to repair or remedy the offending condition within 14 days of receiving a tenant's notice pursuant to subsection B, the tenant may contract with a third-party contractor licensed by the Board for Contractors or, in the case of a rodent infestation, a pesticide business employing commercial applicators or registered technicians who are licensed, certified, and registered with the Department of Agriculture and Consumer Services pursuant to Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2, to repair or remedy the condition specified in the notice. A tenant who contracts with a third-party licensed contractor or pesticide business is entitled to recover the actual costs incurred for the work performed, not exceeding the greater of one month's rent or $1,500. Unless the tenant has been reimbursed by the landlord, the tenant may deduct the actual costs incurred for the work performed pursuant to the contract with the third-party contractor or pesticide business after submitting to the landlord an itemized statement accompanied by receipts for purchased items and third-party contractor or pest control services. D. A local government or nonprofit entity may procure the services of a third-party licensed contractor or pesticide business on behalf of the tenant pursuant to subsection B. Such assistance shall have no effect on the tenant's entitlement under this section to be reimbursed by the landlord or to make a deduction from the periodic rent. E. A tenant may not repair a property condition at the landlord's expense under this section to the extent that (i) the property condition was caused by an act or omission of the tenant, an authorized occupant, or a guest or invitee; (ii) the landlord was unable to remedy the property condition because the landlord was denied access to the dwelling unit; or (iii) the landlord had already remedied the property condition prior to the tenant's contracting with a licensed third-party contractor or pesticide business pursuant to subsection C.
Va. Code § 55.1-1244.1 establishes a "repair and deduct" remedy in Virginia: when a landlord fails to address a material housing condition — such as a rodent infestation, lack of heat, or inadequate sewage — within 14 days of written notice from the tenant, the tenant may hire a licensed contractor or pesticide business to fix the problem. The actual costs of that repair, up to the greater of one month's rent or $1,500, can then be deducted from rent or recovered from the landlord. The remedy is not available when the tenant caused the condition, blocked the landlord's access, or the landlord had already made the repair before the tenant contracted with a third party.
Plain English — not legal advice.
Under Va. Code § 55.1-1244.1, landlords who receive written notice of a qualifying habitability condition — including rodent infestations, heating failures, or sewage problems — are expected to take reasonable steps to address it within 14 days. Operators who respond promptly and document their repair efforts reduce exposure to the statute's repair-and-deduct remedy, which can allow tenants to offset up to the greater of one month's rent or $1,500 against future rent payments. Maintaining clear records of repair timelines, contractor invoices, and any access issues is a standard practice for demonstrating compliance with this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1244.1 gives Virginia tenants a concrete tool when a landlord fails to fix a serious habitability problem: after providing written notice and waiting 14 days without a reasonable repair response, a tenant may hire a licensed contractor or pesticide business and recover actual costs up to the greater of one month's rent or $1,500, either through reimbursement or a rent deduction accompanied by an itemized statement and receipts. Local governments and nonprofit organizations may also help procure repair services on a tenant's behalf without affecting these rights. Tenants who believe this remedy applies to their situation may benefit from consulting a tenant-rights organization or legal aid provider familiar with Virginia housing 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.