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 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 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 21 days' notice of his intention to terminate the rental agreement, if, prior to giving the tenant such notice, he has:
1. (i) Met with or made a reasonable effort to meet with the tenant to discuss the extent of the damage to the tenant's dwelling unit and whether any reasonable alternatives to terminating the rental agreement are available and (ii) determined whether a substantially similar dwelling unit within the same complex is available for rent within a reasonable time for the tenant to move into such dwelling unit and, if so, offered to rent such unit to the tenant under the terms of the tenant's current rental agreement. If the landlord has met the requirements of this subdivision and the landlord has determined that the use of the premises is substantially impaired and the damage to the tenant's dwelling unit requires the removal of the tenant, the rental agreement shall terminate as of the expiration of the notice period; or
2. Determined that the fire or casualty damage was caused by the tenant's violation of § 55.1-1227.