Cal. Civ. Code § 55.1-1243.2
Tenant's remedies for exclusion from dwelling unit due to condemnation.
Operative Text
A. If the tenant gave notice to the landlord during the tenancy that his dwelling unit was in violation of an applicable building code, such violation posed a substantial risk to the health, safety, or welfare of a tenant, and such violation resulted in the tenant being excluded from his dwelling unit due to such unit being condemned, the landlord shall be liable to the tenant for actual damages. The landlord shall also return to the tenant any (i) prepaid rent that had not become due as of the date of condemnation, (ii) security deposit, or (iii) rent paid, if any, to the landlord subsequent to the unit being condemned. B. No landlord shall be liable pursuant to this section if: 1. The condemnation of the dwelling unit was caused by (i) the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant or (ii) an act of God; or 2. The lease was properly terminated pursuant to § 55.1-1240 .
Virginia Code § 55.1-1243.2 establishes a framework for tenant compensation when a rental unit is condemned following a health or safety code violation. If a tenant previously notified the landlord of a code violation that posed a substantial risk and the unit was subsequently condemned, the landlord may be held liable for actual damages and must return prepaid rent, security deposits, and any rent paid after condemnation. However, the landlord is not liable if the condemnation resulted from the tenant's own deliberate or negligent actions, an act of God, or if the lease was properly terminated under § 55.1-1240.
Plain English — not legal advice.
Under Va. Code § 55.1-1243.2, compliant property operators generally maintain records of all tenant-reported code violations and take prompt corrective action to address any conditions that could pose a substantial risk to health, safety, or welfare. When a unit is condemned, operators typically review whether the tenant had previously provided written notice of the relevant violation and assess whether any exemptions—such as tenant-caused damage or a properly terminated lease under § 55.1-1240—apply before determining financial obligations. Operators who receive condemnation notices generally prepare to return prepaid rent, security deposits, and any post-condemnation rent collected, unless a recognized exemption applies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1243.2 gives tenants a potential avenue for recovering actual damages, prepaid rent, security deposits, and post-condemnation rent when a unit is condemned after the tenant notified the landlord of a substantial health or safety code violation. Tenants who believe this provision applies to their situation may consider documenting their prior notice to the landlord, the nature of the violation, and any payments made after condemnation. General enforcement paths can include raising this provision as a basis for a civil claim, consulting a local tenant-rights organization, or seeking guidance from a legal aid office familiar with Virginia landlord-tenant law.
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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