Cal. Civ. Code § 55.1-1240
(Effective until January 1, 2027) Fire or casualty damage.
Operative Text
If the dwelling unit or premises is damaged or destroyed by fire or casualty to an extent that the tenant's enjoyment of the dwelling unit is substantially impaired or required repairs can only be accomplished if the tenant vacates the dwelling unit, either the tenant or the landlord may terminate the rental agreement. The tenant may terminate the rental agreement by vacating the premises and within 14 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. The landlord may terminate the rental agreement by giving the tenant 14 days' notice of his intention to terminate the rental agreement 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, in which case the rental agreement terminates as of the expiration of the notice period. 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.
Va. Code § 55.1-1240 addresses what happens to a rental agreement when a dwelling unit is damaged or destroyed by fire or other casualty. If the damage substantially impairs the tenant's use of the unit, or if repairs require the tenant to vacate, either party may end the rental agreement by following specific notice procedures. Upon termination, the landlord is generally required to return security deposits and prepaid rent with accrued interest, unless the landlord reasonably believes the tenant or their guests caused the damage, in which case different rules apply and the landlord may pursue actual damages under § 55.1-1251.
Plain English — not legal advice.
Under Va. Code § 55.1-1240, property owners and managers who determine that fire or casualty damage substantially impairs a unit's habitability or requires the tenant to vacate typically provide the tenant with at least 14 days' written notice of their intention to terminate the rental agreement. Upon termination, compliant operators return security deposits and prepaid rent with accrued interest in accordance with § 55.1-1226, unless there is a reasonable basis to believe the tenant or their guests caused the damage. In that situation, operators generally provide a written statement explaining the basis for withholding funds and may pursue actual damages through the process outlined in § 55.1-1251.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1240 gives tenants the right to terminate a rental agreement when fire or casualty damage substantially impairs their enjoyment of the unit or when repairs require them to vacate — by physically vacating and then serving written notice on the landlord within 14 days. Upon a valid termination, tenants are generally entitled to the return of their security deposit and prepaid rent with accrued interest under § 55.1-1226, unless the landlord reasonably believes the tenant or their guests caused the damage. Tenants who believe their rights under this provision have been violated may consider consulting a tenant-rights organization, contacting a local legal aid office, or raising the issue as a defense or claim in the appropriate Virginia court.
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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