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2005 SESSION
051181484Be it enacted by the General Assembly of Virginia:
1. That § 55-248.24 of the Code of Virginia is amended and reenacted as follows:
§ 55-248.24. Fire or casualty damage.
If the dwelling unit or premises are damaged or destroyed by
fire or casualty to an extent that the tenant's enjoyment
of the dwelling unit is substantially impaired, the or
repairs to at least 50 percent of the dwelling unit are required, 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 immediately vacate terminate the rental
agreement by vacating the premises and within fourteen 14
days thereafter, serve 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; or if continued occupancy is lawful, § 55-226 shall
apply.
The landlord may terminate the rental agreement by giving the tenant 14-days' notice of his intention to terminate the rental agreement, 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 § 55-248.15:1 and
prepaid rent, plus accrued interest, recoverable by law unless the landlord
reasonably believes that the tenant, tenant's guests, or
those occupying the dwelling unit with the tenant's permission were the cause
of the damage or casualty, in which case the landlord must account to the
tenant for the security and prepaid rent, plus accrued interest based upon the
damage or casualty. Accounting for rent in the event of
termination or apportionment shall be made as of the date of the casualty.