Cal. Civ. Code § 55.1-1239
Wrongful failure to supply an essential service.
Operative Text
A. If contrary to the rental agreement or provisions of this chapter the landlord willfully or negligently fails to supply an essential service, the tenant shall serve a written notice on the landlord specifying the breach, if acting under this section, and, in such event and after allowing the landlord reasonable time to correct such breach, may: 1. Recover damages based upon the diminution in the fair rental value of the dwelling unit; or 2. Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance, as determined by the court. B. If the tenant proceeds under this section, he shall be entitled to recover reasonable attorney fees; however, he may not proceed under § 55.1-1234 as to that breach. The rights of the tenant under this section shall not arise until he has given written notice to the landlord; however, no rights arise if the condition was caused by the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant.
Virginia Code § 55.1-1239 addresses situations where a landlord willfully or negligently fails to provide an essential service—such as heat, water, or electricity—in violation of the rental agreement or state law. Under this provision, a tenant must first deliver written notice to the landlord identifying the specific failure and allow a reasonable period for correction before any remedies become available. If the landlord does not correct the problem, the law permits the tenant to seek compensation for the reduced rental value of the unit or to obtain comparable substitute housing and withhold rent for the period of noncompliance, as determined by a court.
Plain English — not legal advice.
Property owners and managers operating under Virginia law should understand that § 55.1-1239 creates significant financial exposure when essential services are interrupted through willful or negligent conduct. Compliant operators generally maintain systems that deliver essential services continuously, respond promptly to written notices identifying service failures, and document their corrective actions and timelines. Because a tenant who prevails under this section may recover both damages and reasonable attorney fees, operators typically treat written notices about essential service outages as high-priority matters requiring immediate attention.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Virginia Code § 55.1-1239 gives tenants a legal pathway when a landlord fails to supply an essential service in violation of the lease or state law, but the right to act under this section does not arise until written notice has been delivered to the landlord specifying the problem. Once notice is given and a reasonable correction period has passed without resolution, tenants may pursue damages reflecting the reduced value of the unit or seek substitute housing while withholding rent—and a court may also award reasonable attorney fees. Tenants who believe their situation falls under § 55.1-1239 may find it helpful to contact a local tenant-rights organization or legal aid office to understand which remedy path fits their circumstances.
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.
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