D. Within seven days of receiving the termination notice pursuant to subsection C, a tenant may make a written request to have the landlord reevaluate the extent of the damage and habitability of the dwelling unit. The landlord shall involve the tenant in the reevaluation process. If, after meeting with the tenant or making a reasonable effort to meet with the tenant, the landlord determines 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 at the expiration of the original notice period.
E. If the rental agreement is terminated, the landlord shall return all security deposits in accordance with § 55.1-1226 and prepaid rent, plus accrued interest, recoverable by law unless the landlord reasonably believes that the tenant, an authorized occupant, or a guest or invitee of the tenant was the cause of the damage or casualty, in which case the landlord shall provide a written statement to the tenant for the security and prepaid rent, plus accrued interest based upon the damage or casualty, and may recover actual damages sustained pursuant to § 55.1-1251. Proration for rent in the event of termination or apportionment shall be made as of the date of the casualty.
1974, c. 680, § 55-248.24; 1982, c. 260; 2000, c. 760; 2005, c. 807; 2011, c. 766; 2015, c. 596; 2016, c. 744; 2017, c. 730; 2019, c. 712; 2026, c. 1117.googleoff: index