Cal. Civ. Code § 55.1-1234.1
Uninhabitable dwelling unit.
Operative Text
A. If, at the beginning of the tenancy, a condition exists in a rental dwelling unit that constitutes a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the premises, including an infestation of rodents or a lack of heat, hot or cold running water, electricity, or adequate sewage disposal facilities, the tenant shall be entitled to terminate the rental agreement and receive a full refund of all deposits and rent paid to the landlord, so long as the tenant provides the landlord with written notice of his intent to terminate the rental agreement within seven days of the date on which possession of the dwelling unit was to have transferred to the tenant. Unless the landlord asserts, pursuant to subsection B, that the tenant's termination of the rental agreement is unjustified, the landlord shall refund all deposits and rent paid by the tenant to the tenant on or before the fifteenth business day following the day on which (i) the termination notice is delivered to the landlord or (ii) the tenant vacates the dwelling unit, whichever occurs later. B. If a tenant terminates a rental agreement pursuant to subsection A and the landlord asserts that the tenant is unjustified in his termination of the rental agreement, the landlord shall provide written notice to the tenant of his refusal to accept the tenant's termination notice, along with the reasons for such refusal, within 15 business days following the date on which such termination notice is delivered to the landlord. C. A tenant who has not taken possession or who has vacated the dwelling unit may file an action in a court of competent jurisdiction to contest the landlord's refusal to accept the termination notice, if applicable, and for the return of any deposits and rent paid to the landlord. In any such action, the prevailing party shall be entitled to recover reasonable attorney fees.
Va. Code § 55.1-1234.1 addresses situations where a rental unit is uninhabitable at the very start of a tenancy due to conditions such as fire hazards, rodent infestations, or the absence of heat, running water, electricity, or sewage facilities. Under this provision, a tenant who discovers such conditions may terminate the rental agreement and receive a full refund of deposits and rent, provided written notice is given to the landlord within seven days of the date possession was supposed to transfer. If the landlord disputes the termination, both parties have defined timelines and the right to seek resolution in court, with the prevailing party eligible to recover reasonable attorney fees.
Plain English — not legal advice.
Under Va. Code § 55.1-1234.1, landlords are generally expected to ensure that a rental unit is free from serious habitability defects—such as fire hazards, pest infestations, or missing utilities—before transferring possession to a tenant. When a tenant delivers a valid termination notice under this provision, a compliant landlord refunds all deposits and rent no later than the fifteenth business day after receiving that notice or after the tenant vacates, whichever is later. If a landlord believes a termination notice is unjustified, the provision requires the landlord to provide written notice of that refusal, along with stated reasons, within 15 business days of receiving the tenant's notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1234.1 gives tenants the right to walk away from a rental agreement—and recover all deposits and prepaid rent—if the unit is uninhabitable at the start of the tenancy due to conditions like rodent infestations, lack of heat or running water, fire hazards, or inadequate sewage. To preserve this right, a tenant must deliver written notice of intent to terminate to the landlord within seven days of the date possession was supposed to transfer. If a landlord refuses to accept the termination or withholds a refund, this provision allows a tenant to file a court action to contest that refusal and seek the return of funds, with the possibility of recovering attorney fees if the tenant prevails; tenant-rights organizations can help explain what options may be available.
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.