Virginia Residential Landlord and Tenant Act (VRLTA) — Applicable Sections & Tenant Rights
This document consolidates the most pertinent VRLTA provisions, statutory errors observed in Rose Hall Apartments’ notices, and the legal framework for tenant protection, cure periods, and proper notice procedures.
1. Tenant Rights Statement — Va. Code §55.1-1204
Landlords must provide tenants with a written statement of rights and responsibilities at lease execution. This ensures tenants are aware of statutory remedies, cure periods, and procedures for disputes.
"Landlord failed to provide an accurate tenant rights statement, as prior letters misidentified my unit (listed as 3437 Warren Pl, Apt 104) instead of 3416 Warren Pl, Apt 201."
Failure to comply may render subsequent notices defective or unenforceable.
2. Landlord Obligations and Proper Notice — Va. Code §55.1-1245, §55.1-1247
For noncompliance or breach by a tenant, landlords must provide a written notice specifying the breach and allowing the statutory cure period:
- Standard cure period: 21 days (or as otherwise stated by statute) for payment issues or lease compliance.
- Notice must state clearly what the tenant must do to cure the violation.
- Immediate remediation demands are insufficient.
"The notice dated June 30, 2025 demanded 'immediate remediation' instead of providing the statutory cure period under Va. Code §55.1-1245."
Such misstatements constitute defective notice under §55.1-1247, which governs effects of improper or defective landlord notices.
3. Incorrect Statutory References — Va. Code §55.1-1258
Notices must cite correct statutory authority. Misstatement can constitute bad faith enforcement, misleading tenants, or even retaliation.
"The letter cites an incorrect statute, 'section 55-248.31,' and threatens conversion to a 30-day notice to vacate on repeat breach."
Correct statutory reference ensures tenant understanding and enforceable obligations.
4. Landlord Errors & Misidentification
VRLTA emphasizes correct identification of tenant and premises. Misidentified units or tenant names invalidate notices and may delay legal action.
"Prior landlord correspondence misidentified my unit, undermining proper notice and service, violating the notice delivery provisions in §55.1-1247."
These errors highlight procedural noncompliance and can be grounds for tenant defenses or DHCD intervention.
5. Payment and Cure Periods — Va. Code §55.1-1213
Tenants may cure alleged defaults during the statutory period by tendering payment or remedying the breach.
"The alleged water balance of $149.90 was paid in full on August 29, 2025; therefore there is no ongoing breach to justify eviction or adverse action."
Payment within the cure period fully extinguishes the alleged violation and prevents unlawful detainer proceedings.
6. Effect of Defective Notices — Va. Code §55.1-1247
Defective notices, including those with incorrect statutory citations, wrong addresses, or improper demands, have limited or no legal effect and cannot independently support eviction.
"The June 30, 2025 notice is defective under §55.1-1247 and fails to provide required cure procedures, amounting to bad faith enforcement."
Defective notices also create potential liability for attorney fees or injunctive relief under §55.1-1204 and §55.1-1258.
7. Retaliatory Actions and Tenant Protections — Va. Code §55.1-1258
Landlords may not retaliate against tenants for asserting rights under VRLTA. Retaliation includes threatening eviction, changing terms of lease, or refusing services in response to tenant complaints or lawful defenses.
"By issuing a defective notice after my prior payment and correspondence, the landlord engaged in potential retaliatory conduct under §55.1-1258."
Tenants are entitled to remedies including preservation of tenancy, escrow of disputed amounts, and potential damages.
8. Cure Procedure Summary
Procedurally, proper notices must include:
- Identification of the breach
- Statutory citation for reference
- Correct tenant and unit information
- Clear statement of required action
- Statutory cure period (typically 21–30 days)
"The June 30, 2025 notice demanded 'immediate remediation' and omitted clear reference to the 21-day statutory cure period required under §55.1-1245."
Failure to provide these elements undermines enforceability and may justify DHCD or judicial review.
9. Correct VRLTA Sections Pertinent to Tenant Rights
- §55.1-1202: Scope of Act — covers residential leases and rental agreements.
- §55.1-1204: Statement of tenant rights and responsibilities.
- §55.1-1212: Maintenance and landlord obligations for habitability.
- §55.1-1213: Tenant payment and cure rights.
- §55.1-1221: Rent collection rules and obligations.
- §55.1-1226, -1227(A): Lease terms and restrictions.
- §55.1-1244: Required notices for breach or noncompliance.
- §55.1-1245: Cure periods for violations.
- §55.1-1247: Effects of defective notices.
- §55.1-1248, -1249, -1250, -1251: Enforcement, eviction, and remedies.
- §55.1-1258: Retaliation prohibition.
"Relevant code highlights for this case: §§55.1-1202, -1204, -1212, -1213, -1221, -1226, -1227(A), -1244, -1245, -1247, -1248, -1249, -1250, -1251, -1258."
10. Application to Rose Hall Case
By cross-referencing the VRLTA statutes above with the June 30, 2025 notice, the following errors are evident:
- Incorrect statutory citation and failure to provide statutory cure period (§55.1-1245, §55.1-1247).
- Unit misidentification undermining proper notice (§55.1-1204).
- Immediate remediation demand rather than legal cure period (§55.1-1245).
- Potential retaliatory pattern post-payment and tenant complaint (§55.1-1258).
- Failure to maintain accurate tenant records and account ledger (§55.1-1213, §55.1-1221).
"The June 30, 2025 notice misidentifies my unit, cites the wrong statute, and demands 'immediate' remediation instead of observing the statutory cure period. The water bill was paid in full on August 29, 2025."
Each of these deficiencies provides a statutory foundation for tenant challenge, DHCD review, and potential injunctive relief.
11. Evidence and Documentation
Tenants asserting VRLTA rights should maintain:
- Original defective notices from landlord.
- Proof of payment for disputed charges.
- Copies of prior landlord correspondence showing errors.
- Certified mail records and timestamps for rebuttal.
- Documentation for any DHCD or local tenant complaints filed.
"I am prepared to provide proof of payment for the water balance and copies of prior landlord correspondence demonstrating misidentified unit and misstatements of law."
Proper evidence ensures enforceability of remedies and supports administrative or judicial review.
12. Summary
The VRLTA establishes a clear framework for tenant rights, including accurate notice, cure periods, and protection against defective or retaliatory actions. Landlord errors, as in the Rose Hall case, such as misidentified units, incorrect statutes, and immediate remediation demands, violate §§55.1-1204, -1245, -1247, and -1258. Tenants may assert statutory defenses, seek DHCD intervention, escrow disputed sums, and request injunctive or legal relief.
"The notice is defective, fails to provide required cure procedures, misstates statutory authority, misidentifies tenant unit, and may constitute bad faith or retaliatory conduct under Va. Code §55.1-1258."