CODE OF VIRGINIA

REQUIRED DISCLOSURES FOR PROPERTIES WITH DEFECTIVE DRYWALL; REMEDY FOR
NONDISCLOSURE (§ 55-225.11)

A. If the landlord of a residential dwelling unit has actual knowledge of the
existence of defective drywall in such dwelling unit that has not been
remediated, the landlord shall provide to a prospective tenant a written
disclosure that the property has defective drywall. Such disclosure shall be
provided prior to the execution by the tenant of a written lease agreement or,
in the case of an oral lease agreement, prior to occupancy by the tenant. For
purposes of this section, “defective drywall” means all defective
drywall as defined in § 36-156.1.

B. Any tenant who is not provided the disclosure required by subsection A may
terminate the lease agreement at any time within 60 days of discovery of the
existence of defective drywall by providing written notice to the landlord in
accordance with the lease or as required by law. Such termination shall be
effective as of (i) 15 days after the date of the mailing of the notice or (ii)
the date through which rent has been paid, whichever is later. In no event,
however, shall the effective date of the termination exceed one month from the
date of mailing. Termination of the lease agreement shall be the exclusive
remedy for the failure to comply with the disclosure provisions of this section,
and shall not affect any rights or duties of the landlord or tenant arising
under this chapter, other applicable law, or the rental agreement.

HISTORY: 2011, cc. 34, 46.