Virginia legislation · 2026 Regular Session
Virginia HB834: An Act to amend and reenact § 55.1-1240 of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; fire or casualty damage; termination by landlord.
Status: Chaptered, May 14, 2026
Virginia Residential Landlord and Tenant Act; fire or casualty damage; termination by landlord. Requires a landlord, prior to giving a tenant 21 days' notice of his intention to terminate the rental agreement for a dwelling unit that has been damaged or destroyed by fire or casualty, to (i) make a reasonable effort to meet with the tenant to discuss reasonable alternatives and offer the tenant a substantially similar dwelling unit, if one is available, or (ii) determine that the damage was caused by the tenant's failure to maintain the dwelling unit in accordance with relevant law. Current law allows the landlord to terminate such agreement by giving the tenant 14 days' notice of his intention to terminate on the basis of the landlord's determination that such damage requires the removal of the tenant and that the use of the premises is substantially impaired. The bill requires the landlord, upon receiving a request from the tenant after the tenant has received such notice, to reevaluate the extent of damage and habitability of such dwelling unit unless the landlord has determined that the damage was caused by the tenant's failure to maintain the dwelling unit. The bill has a delayed effective date of January 1, 2027.
What the bill says
An Act to amend and reenact § 55.1-1240 of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; fire or casualty damage; termination by landlord. [H 834] Approved May 14, 2026 1. That § 55.1-1240 of the Code of Virginia is amended and reenacted as follows: § 55.1-1240. Fire or casualty damage. A. If the dwelling unit or premises is damaged or destroyed by fire or casualty to an extent that the tenant's use and enjoyment of the dwelling unit is substantially impaired or [DELETED: required] the unit requires repairs that can only be accomplished if the tenant vacates t.
From the enrolled text, May 14, 2026:
An Act to amend and reenact § 55.1-1240 of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; fire or casualty damage; termination by landlord. [H 834] Approved May 14, 2026 1. That § 55.1-1240 of the Code of Virginia is amended and reenacted as follows: § 55.1-1240. Fire or casualty damage. A. If the dwelling unit or premises is damaged or destroyed by fire or casualty to an extent that the tenant's use and enjoyment of the dwelling unit is substantially impaired or [DELETED: required] the unit requires repairs that can only be accomplished if the tenant vacates the dwelling unit, either the tenant or the landlord may terminate the rental agreement. B. The tenant may terminate the rental agreement by vacating the premises and, within [DELETED: 14] 21 days thereafter, serving on the landlord a written notice of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating. If continued occupancy is lawful, § 55.1-1411 shall apply. C. The landlord may terminate the rental agreement by giving the tenant [DELETED: 14] 21 days' notice of his intention to terminate the rental agreement [DELETED: on] [DELETED: the] [DELETED: basis] [DELETED: of] [DELETED: the] [DELETED: landlord's] [DELETED: determination] [DELETED: that] [DELETED: such] [DELETED: damage] [DELETED: requires] [DELETED: …