{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1241.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1241.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1241.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1241.html"}],"law_id":78917,"edition_id":1,"section_id":78917,"structure_id":15022,"section_number":"55.1-1241","catch_line":"Landlord’s noncompliance as defense to action for possession for nonpayment of rent","history":"1974, c. 680, \u00a7 55-248.25; 1982, c. 260; 2000, c. 760; 2019, cc. 324, 712.","full_text":"A\n\nIn an action for possession based upon nonpayment of rent or in an action for rent by a landlord when the tenant is in possession, the tenant may assert as a defense that there exists upon the leased premises a condition that constitutes, or will constitute, a fire hazard or a serious threat to the life, health, or safety of the occupants of the dwelling unit, including (i) a lack of heat, running water, light, electricity, or adequate sewage disposal facilities; (ii) an infestation of rodents; or (iii) a condition that constitutes material noncompliance on the part of the landlord with the rental agreement or provisions of law. The assertion of any defense provided for in this section shall be conditioned upon the following:1\n\nPrior to the commencement of the action for rent or possession, the landlord or his agent refused or, having a reasonable opportunity to do so, failed to remedy the condition for which he was served a written notice of the condition by the tenant or was notified of such condition by a violation or condemnation notice from an appropriate state or local agency. For the purposes of this subsection, what period of time shall be deemed to be unreasonable delay is left to the discretion of the court, except that there shall be a rebuttable presumption that a period in excess of 30 days from receipt of the notification by the landlord is unreasonable; and2\n\nThe tenant, if in possession, has paid into court the amount of rent found by the court to be due and unpaid, to be held by the court pending the issuance of an order under subsection C.B\n\nIt shall be a sufficient answer to such a defense provided for in this section if the landlord establishes that (i) the conditions alleged in the defense do not in fact exist; (ii) such conditions have been removed or remedied; (iii) such conditions have been caused by the tenant, his guest or invitee, members of the family of such tenant, or a guest or invitee of such family member; or (iv) the tenant has unreasonably refused entry to the landlord to the premises for the purposes of correcting such conditions.C\n\nThe court shall make findings of fact upon any defense raised under this section or the answer to any defense and shall issue any order as may be required, including any one or more of the following:1\n\nReducing rent in such amount as the court determines to be equitable to represent the existence of any condition set forth in subsection A;2\n\nTerminating the rental agreement or ordering the surrender of the premises to the landlord; or3\n\nReferring any matter before the court to the proper state or local agency for investigation and report and granting a continuance of the action or complaint pending receipt of such investigation and report. When such a continuance is granted, the tenant shall deposit with the court any rents that will become due during the period of continuance, to be held by the court pending its further order, or, in its discretion, the court may use such funds to (i) pay a mortgage on the property in order to stay a foreclosure, (ii) pay a creditor to prevent or satisfy a bill to enforce a mechanic’s or materialman’s lien, or (iii) remedy any condition set forth in subsection A that is found by the court to exist.D\n\nIf it appears that the tenant has raised a defense under this section in bad faith or has caused the violation or has unreasonably refused entry to the landlord for the purpose of correcting the condition giving rise to the violation, the court may impose upon the tenant the reasonable costs of the landlord, including court costs, the costs of repair where the court finds the tenant has caused the violation, and reasonable attorney fees.E\n\nIf the court finds that the tenant has successfully raised a defense under this section and enters judgment for the tenant, the court, in its discretion, may impose upon the landlord the reasonable costs of the tenant, including court costs, and reasonable attorney fees.","order_by":null,"text":{"0":{"id":282666,"text":"In an action for possession based upon nonpayment of rent or in an action for rent by a landlord when the tenant is in possession, the tenant may assert as a defense that there exists upon the leased premises a condition that constitutes, or will constitute, a fire hazard or a serious threat to the life, health, or safety of the occupants of the dwelling unit, including (i) a lack of heat, running water, light, electricity, or adequate sewage disposal facilities; (ii) an infestation of rodents; or (iii) a condition that constitutes material noncompliance on the part of the landlord with the rental agreement or provisions of law. The assertion of any defense provided for in this section shall be conditioned upon the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":282667,"text":"Prior to the commencement of the action for rent or possession, the landlord or his agent refused or, having a reasonable opportunity to do so, failed to remedy the condition for which he was served a written notice of the condition by the tenant or was notified of such condition by a violation or condemnation notice from an appropriate state or local agency. For the purposes of this subsection, what period of time shall be deemed to be unreasonable delay is left to the discretion of the court, except that there shall be a rebuttable presumption that a period in excess of 30 days from receipt of the notification by the landlord is unreasonable; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":282668,"text":"The tenant, if in possession, has paid into court the amount of rent found by the court to be due and unpaid, to be held by the court pending the issuance of an order under subsection C.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":282669,"text":"It shall be a sufficient answer to such a defense provided for in this section if the landlord establishes that (i) the conditions alleged in the defense do not in fact exist; (ii) such conditions have been removed or remedied; (iii) such conditions have been caused by the tenant, his guest or invitee, members of the family of such tenant, or a guest or invitee of such family member; or (iv) the tenant has unreasonably refused entry to the landlord to the premises for the purposes of correcting such conditions.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":282670,"text":"The court shall make findings of fact upon any defense raised under this section or the answer to any defense and shall issue any order as may be required, including any one or more of the following:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"5":{"id":282671,"text":"Reducing rent in such amount as the court determines to be equitable to represent the existence of any condition set forth in subsection A;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":282672,"text":"Terminating the rental agreement or ordering the surrender of the premises to the landlord; or","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"7":{"id":282673,"text":"Referring any matter before the court to the proper state or local agency for investigation and report and granting a continuance of the action or complaint pending receipt of such investigation and report. When such a continuance is granted, the tenant shall deposit with the court any rents that will become due during the period of continuance, to be held by the court pending its further order, or, in its discretion, the court may use such funds to (i) pay a mortgage on the property in order to stay a foreclosure, (ii) pay a creditor to prevent or satisfy a bill to enforce a mechanic’s or materialman’s lien, or (iii) remedy any condition set forth in subsection A that is found by the court to exist.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"8":{"id":282674,"text":"If it appears that the tenant has raised a defense under this section in bad faith or has caused the violation or has unreasonably refused entry to the landlord for the purpose of correcting the condition giving rise to the violation, the court may impose upon the tenant the reasonable costs of the landlord, including court costs, the costs of repair where the court finds the tenant has caused the violation, and reasonable attorney fees.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"9":{"id":282675,"text":"If the court finds that the tenant has successfully raised a defense under this section and enters judgment for the tenant, the court, in its discretion, may impose upon the landlord the reasonable costs of the tenant, including court costs, and reasonable attorney fees.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15022,"edition_id":1,"name":"Tenant Remedies","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:51:34","date_modified":"2026-06-26 03:51:34","permalink":{"id":246041,"object_type":"structure","relational_id":15022,"identifier":"4","token":"55.1\/III\/12\/4","url":"\/55.1\/III\/12\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14100,"edition_id":1,"name":"Virginia Residential Landlord and Tenant Act","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":245885,"object_type":"structure","relational_id":14100,"identifier":"12","token":"55.1\/III\/12","url":"\/55.1\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84339,"structure_id":15022,"section_number":"55.1-1234","catch_line":"Noncompliance by landlord","url":"\/55.1-1234\/","token":"55.1\/III\/12\/4\/55.1-1234","metadata":false},{"id":63784,"structure_id":15022,"section_number":"55.1-1234.1","catch_line":"Uninhabitable dwelling unit","url":"\/55.1-1234.1\/","token":"55.1\/III\/12\/4\/55.1-1234.1","metadata":false},{"id":60083,"structure_id":15022,"section_number":"55.1-1235","catch_line":"Early termination of rental agreement by military personnel","url":"\/55.1-1235\/","token":"55.1\/III\/12\/4\/55.1-1235","metadata":false},{"id":68972,"structure_id":15022,"section_number":"55.1-1236","catch_line":"Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking","url":"\/55.1-1236\/","token":"55.1\/III\/12\/4\/55.1-1236","metadata":false},{"id":65508,"structure_id":15022,"section_number":"55.1-1237","catch_line":"Notice to tenant in event of foreclosure","url":"\/55.1-1237\/","token":"55.1\/III\/12\/4\/55.1-1237","metadata":false},{"id":76367,"structure_id":15022,"section_number":"55.1-1238","catch_line":"Failure to deliver possession","url":"\/55.1-1238\/","token":"55.1\/III\/12\/4\/55.1-1238","metadata":false},{"id":63674,"structure_id":15022,"section_number":"55.1-1239","catch_line":"Wrongful failure to supply an essential service","url":"\/55.1-1239\/","token":"55.1\/III\/12\/4\/55.1-1239","metadata":false},{"id":69167,"structure_id":15022,"section_number":"55.1-1240","catch_line":"Fire or casualty damage","url":"\/55.1-1240\/","token":"55.1\/III\/12\/4\/55.1-1240","metadata":false},{"id":78917,"structure_id":15022,"section_number":"55.1-1241","catch_line":"Landlord's noncompliance as defense to action for possession for nonpayment of rent","url":"\/55.1-1241\/","token":"55.1\/III\/12\/4\/55.1-1241","metadata":false},{"id":77626,"structure_id":15022,"section_number":"55.1-1242","catch_line":"Rent escrow required for continuance of tenant's case","url":"\/55.1-1242\/","token":"55.1\/III\/12\/4\/55.1-1242","metadata":false},{"id":66990,"structure_id":15022,"section_number":"55.1-1243","catch_line":"Repealed","url":"\/55.1-1243\/","token":"55.1\/III\/12\/4\/55.1-1243","metadata":false},{"id":59240,"structure_id":15022,"section_number":"55.1-1243.1","catch_line":"Tenant's remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe","url":"\/55.1-1243.1\/","token":"55.1\/III\/12\/4\/55.1-1243.1","metadata":false},{"id":57281,"structure_id":15022,"section_number":"55.1-1243.2","catch_line":"Tenant's remedies for exclusion from dwelling unit due to condemnation","url":"\/55.1-1243.2\/","token":"55.1\/III\/12\/4\/55.1-1243.2","metadata":false},{"id":69403,"structure_id":15022,"section_number":"55.1-1244","catch_line":"Tenant's assertion; rent escrow","url":"\/55.1-1244\/","token":"55.1\/III\/12\/4\/55.1-1244","metadata":false},{"id":58681,"structure_id":15022,"section_number":"55.1-1244.1","catch_line":"Tenant's remedy by repair","url":"\/55.1-1244.1\/","token":"55.1\/III\/12\/4\/55.1-1244.1","metadata":false}],"previous_section":{"id":69167,"structure_id":15022,"section_number":"55.1-1240","catch_line":"Fire or casualty damage","url":"\/55.1-1240\/","token":"55.1\/III\/12\/4\/55.1-1240","metadata":false},"next_section":{"id":77626,"structure_id":15022,"section_number":"55.1-1242","catch_line":"Rent escrow required for continuance of tenant's case","url":"\/55.1-1242\/","token":"55.1\/III\/12\/4\/55.1-1242","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1241\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 680 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1982, chapter 260; in 2000, chapter 760<\/a>; in 2019, chapters 324<\/a> and 712<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":246075,"object_type":"law","relational_id":78917,"identifier":"55.1-1241","token":"55.1\/III\/12\/4\/55.1-1241","url":"\/55.1-1241\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1241\/","token":"55.1\/III\/12\/4\/55.1-1241","dublin_core":{"Title":"Landlord’s noncompliance as defense to action for possession for nonpayment of rent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1241","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In an action<\/span> for possession<\/span> based upon nonpayment of rent<\/span> or in an action<\/span> for rent<\/span> by a landlord<\/span> when the tenant<\/span> is in possession<\/span>, the tenant<\/span> may assert as a defense that there exists upon the leased premises<\/span> a condition that constitutes, or will constitute, a fire hazard or a serious threat to the life, health, or safety of the occupants of the dwelling unit<\/span>, including (i) a lack of heat, running water, light, electricity, or adequate sewage disposal facilities; (ii) an infestation of rodents; or (iii) a condition that constitutes material<\/span> noncompliance on the part of the landlord<\/span> with the rental agreement<\/span> or provisions of law<\/span>. The assertion of any defense provided for in this section shall be conditioned upon the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Prior to the commencement of the action<\/span> for rent<\/span> or possession<\/span>, the landlord<\/span> or his agent refused or, having a reasonable opportunity to do so, failed to remedy the condition for which he was served a written notice<\/span> of the condition by the tenant<\/span> or was notified of such condition by a violation or condemnation notice from an appropriate state or local agency. For the purposes of this subsection, what period of time shall be deemed to be unreasonable delay is left to the discretion of the court<\/span>, except that there shall be a rebuttable presumption<\/span> that a period in excess of 30 days from receipt of the notification by the landlord<\/span> is unreasonable; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The tenant<\/span>, if in possession<\/span>, has paid into court<\/span> the amount of rent<\/span> found by the court<\/span> to be due and unpaid, to be held by the court<\/span> pending the issuance of an order<\/span> under subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> It shall be a sufficient answer to such a defense provided for in this section if the landlord<\/span> establishes that (i) the conditions alleged in the defense do not in fact<\/span> exist; (ii) such conditions have been removed or remedied; (iii) such conditions have been caused by the tenant<\/span>, his guest or invitee<\/span>, members of the family of such tenant<\/span>, or a guest or invitee<\/span> of such family member; or (iv) the tenant<\/span> has unreasonably refused entry to the landlord<\/span> to the premises<\/span> for the purposes of correcting such conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> shall make findings<\/span> of fact<\/span> upon any defense raised under this section or the answer to any defense and shall issue<\/span> any order<\/span> as may be required, including any one or more of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Reducing rent<\/span> in such amount as the court<\/span> determines to be equitable<\/span> to represent the existence of any condition set forth in subsection A; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Terminating the rental agreement<\/span> or ordering the surrender of the premises<\/span> to the landlord<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Referring any matter before the court<\/span> to the proper state or local agency for investigation and report and granting a continuance<\/span> of the action<\/span> or complaint pending receipt of such investigation and report. When such a continuance<\/span> is granted, the tenant<\/span> shall deposit with the court<\/span> any rents<\/span> that will become due during the period of continuance<\/span>, to be held by the court<\/span> pending its further order<\/span>, or, in its discretion, the court<\/span> may use such funds to (i) pay a mortgage on the property in order<\/span> to stay<\/span> a foreclosure, (ii) pay a creditor<\/span> to prevent or satisfy a bill to enforce a mechanic’s or materialman’s lien<\/span>, or (iii) remedy any condition set forth in subsection A that is found by the court<\/span> to exist. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If it appears that the tenant<\/span> has raised a defense under this section in bad faith or has caused the violation or has unreasonably refused entry to the landlord<\/span> for the purpose of correcting the condition giving rise to the violation, the court<\/span> may impose upon the tenant<\/span> the reasonable costs of the landlord<\/span>, including court<\/span> costs, the costs of repair where the court<\/span> finds the tenant<\/span> has caused the violation, and reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the court<\/span> finds that the tenant<\/span> has successfully raised a defense under this section and enters judgment<\/span> for the tenant<\/span>, the court<\/span>, in its discretion, may impose upon the landlord<\/span> the reasonable costs of the tenant<\/span>, including court<\/span> costs, and reasonable attorney fees. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLANDLORD’S NONCOMPLIANCE AS DEFENSE TO ACTION FOR POSSESSION FOR\nNONPAYMENT OF RENT (\u00a7 55.1-1241)\n\nA. In an action for possession based upon nonpayment of rent or in an action for\nrent by a landlord when the tenant is in possession, the tenant may assert as a\ndefense that there exists upon the leased premises a condition that constitutes,\nor will constitute, a fire hazard or a serious threat to the life, health, or\nsafety of the occupants of the dwelling unit, including (i) a lack of heat,\nrunning water, light, electricity, or adequate sewage disposal facilities; (ii)\nan infestation of rodents; or (iii) a condition that constitutes material\nnoncompliance on the part of the landlord with the rental agreement or\nprovisions of law. The assertion of any defense provided for in this section\nshall be conditioned upon the following:\n\n 1. Prior to the commencement of the action for rent or possession, the\n landlord or his agent refused or, having a reasonable opportunity to do so,\n failed to remedy the condition for which he was served a written notice of the\n condition by the tenant or was notified of such condition by a violation or\n condemnation notice from an appropriate state or local agency. For the\n purposes of this subsection, what period of time shall be deemed to be\n unreasonable delay is left to the discretion of the court, except that there\n shall be a rebuttable presumption that a period in excess of 30 days from\n receipt of the notification by the landlord is unreasonable; and\n\n 2. The tenant, if in possession, has paid into court the amount of rent found\n by the court to be due and unpaid, to be held by the court pending the\n issuance of an order under subsection C.\n\nB. It shall be a sufficient answer to such a defense provided for in this\nsection if the landlord establishes that (i) the conditions alleged in the\ndefense do not in fact exist; (ii) such conditions have been removed or\nremedied; (iii) such conditions have been caused by the tenant, his guest or\ninvitee, members of the family of such tenant, or a guest or invitee of such\nfamily member; or (iv) the tenant has unreasonably refused entry to the landlord\nto the premises for the purposes of correcting such conditions.\n\nC. The court shall make findings of fact upon any defense raised under this\nsection or the answer to any defense and shall issue any order as may be\nrequired, including any one or more of the following:\n\n 1. Reducing rent in such amount as the court determines to be equitable to\n represent the existence of any condition set forth in subsection A;\n\n 2. Terminating the rental agreement or ordering the surrender of the premises\n to the landlord; or\n\n 3. Referring any matter before the court to the proper state or local agency\n for investigation and report and granting a continuance of the action or\n complaint pending receipt of such investigation and report. When such a\n continuance is granted, the tenant shall deposit with the court any rents that\n will become due during the period of continuance, to be held by the court\n pending its further order, or, in its discretion, the court may use such funds\n to (i) pay a mortgage on the property in order to stay a foreclosure, (ii) pay\n a creditor to prevent or satisfy a bill to enforce a mechanic’s or\n materialman’s lien, or (iii) remedy any condition set forth in\n subsection A that is found by the court to exist.\n\nD. If it appears that the tenant has raised a defense under this section in bad\nfaith or has caused the violation or has unreasonably refused entry to the\nlandlord for the purpose of correcting the condition giving rise to the\nviolation, the court may impose upon the tenant the reasonable costs of the\nlandlord, including court costs, the costs of repair where the court finds the\ntenant has caused the violation, and reasonable attorney fees.\n\nE. If the court finds that the tenant has successfully raised a defense under\nthis section and enters judgment for the tenant, the court, in its discretion,\nmay impose upon the landlord the reasonable costs of the tenant, including court\ncosts, and reasonable attorney fees.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.25; 1982, c. 260; 2000, c. 760; 2019, cc. 324,\n712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}