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2013 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 55-225.2, 55-248.26, and 55-248.40 of the Code of Virginia are amended and reenacted as follows:
§ 55-225.2. Remedies for landlord's unlawful ouster, exclusion or diminution of service.
If a landlord unlawfully removes or excludes a tenant from residential
premises or willfully diminishes services to a residential tenant by
interrupting or causing the interruption of gas, water, or other
essential service to the tenant, the tenant may obtain an order from a
general district court to recover possession and obtain an order
requiring, require the resumption of landlord to resume
any such interrupted utility service, or terminate the rental agreement
and, in either any case, recover the actual damages sustained by
him and reasonable attorney's attorney fees. If the rental
agreement is terminated pursuant to this section, the landlord shall return all
security given by such tenant.
§ 55-248.26. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of service.
If the landlord unlawfully removes or excludes the tenant from
the premises or willfully diminishes services to the tenant by interrupting or
causing the interruption of gas, water, or other essential service to
the tenant, the tenant may obtain an order from a general district court to
recover possession, require the landlord to resume any such interrupted
utility service, or terminate the rental agreement and, in either
any case, recover the actual damages sustained by him and a reasonable
attorney's attorney fee. If the rental agreement is terminated the
landlord shall return all of the security deposit in accordance with §
55-248.15:1.
§ 55-248.40. Actions to enforce chapter.
Any In addition to any other remedies in this
chapter, any person adversely affected by an act or omission prohibited
under this chapter may institute an action for injunction and damages against
the person responsible for such act or omission in the circuit court in the
county or city in which such act or omission occurred. If the court finds that
the defendant was responsible for such act or omission, it shall enjoin the
defendant from continuance of such practice, and in its discretion award the
plaintiff damages as herein provided.