{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1258.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1258.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1258.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1258.html"}],"law_id":58492,"edition_id":1,"section_id":58492,"structure_id":15365,"section_number":"55.1-1258","catch_line":"Retaliatory conduct prohibited","history":"1974, c. 680, \u00a7 55-248.39; 1983, c. 396; 1985, c. 268; 2000, c. 760; 2015, c. 408; 2019, c. 712.","full_text":"A\n\nExcept as provided in this section or as otherwise provided by law, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by causing a termination of the rental agreement pursuant to § 55.1-1253 or 55.1-1410 after he has knowledge that (i) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety, (ii) the tenant has made a complaint to or filed an action against the landlord for a violation of any provision of this chapter, (iii) the tenant has organized or become a member of a tenant’s organization, or (iv) the tenant has testified in a court proceeding against the landlord. However, the provisions of this subsection shall not be construed to prevent the landlord from increasing rent to that which is charged for similar market rentals nor decreasing services that apply equally to all tenants.B\n\nIf the landlord acts in violation of this section, the tenant is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action against him for possession. The burden of proving retaliatory intent shall be on the tenant.C\n\nNotwithstanding subsections A and B, a landlord may terminate the rental agreement pursuant to \u00a7 55.1-1253 or 55.1-1410 and bring an action for possession if:1\n\nViolation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, an authorized occupant, or a guest or invitee of the tenant;2\n\nThe tenant is in default in rent;3\n\nCompliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the dwelling unit; or4\n\nThe tenant is in default of a provision of the rental agreement materially affecting the health and safety of himself or others. The maintenance of the action provided in this section does not release the landlord from liability under § 55.1-1226.D\n\nThe landlord may also terminate the rental agreement pursuant to § 55.1-1253 or 55.1-1410 for any other reason not prohibited by law unless the court finds that the reason for the termination was retaliation.","order_by":null,"text":{"0":{"id":214364,"text":"Except as provided in this section or as otherwise provided by law, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by causing a termination of the rental agreement pursuant to § 55.1-1253 or 55.1-1410 after he has knowledge that (i) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety, (ii) the tenant has made a complaint to or filed an action against the landlord for a violation of any provision of this chapter, (iii) the tenant has organized or become a member of a tenant’s organization, or (iv) the tenant has testified in a court proceeding against the landlord. However, the provisions of this subsection shall not be construed to prevent the landlord from increasing rent to that which is charged for similar market rentals nor decreasing services that apply equally to all tenants.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214365,"text":"If the landlord acts in violation of this section, the tenant is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action against him for possession. The burden of proving retaliatory intent shall be on the tenant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214366,"text":"Notwithstanding subsections A and B, a landlord may terminate the rental agreement pursuant to \u00a7 55.1-1253 or 55.1-1410 and bring an action for possession if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":214367,"text":"Violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, an authorized occupant, or a guest or invitee of the tenant;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":214368,"text":"The tenant is in default in rent;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":214369,"text":"Compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the dwelling unit; or","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":214370,"text":"The tenant is in default of a provision of the rental agreement materially affecting the health and safety of himself or others. The maintenance of the action provided in this section does not release the landlord from liability under § 55.1-1226.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":214371,"text":"The landlord may also terminate the rental agreement pursuant to § 55.1-1253 or 55.1-1410 for any other reason not prohibited by law unless the court finds that the reason for the termination was retaliation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4"}},"ancestry":[{"id":15365,"edition_id":1,"name":"Retaliatory Action","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:54:18","date_modified":"2026-06-26 03:54:18","permalink":{"id":246157,"object_type":"structure","relational_id":15365,"identifier":"6","token":"55.1\/III\/12\/6","url":"\/55.1\/III\/12\/6\/","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":58492,"structure_id":15365,"section_number":"55.1-1258","catch_line":"Retaliatory conduct prohibited","url":"\/55.1-1258\/","token":"55.1\/III\/12\/6\/55.1-1258","metadata":false},{"id":70866,"structure_id":15365,"section_number":"55.1-1259","catch_line":"Actions to enforce chapter","url":"\/55.1-1259\/","token":"55.1\/III\/12\/6\/55.1-1259","metadata":false}],"next_section":{"id":70866,"structure_id":15365,"section_number":"55.1-1259","catch_line":"Actions to enforce chapter","url":"\/55.1-1259\/","token":"55.1\/III\/12\/6\/55.1-1259","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1258\/","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 5 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 1983, chapter 396; in 1985, chapter 268; in 2000, chapter 760<\/a>; in 2015, chapter 408<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":false,"refers_to":[{"id":61089,"section_number":"55.1-1253","catch_line":"Periodic tenancy; holdover remedies","order_by":null,"url":"\/55.1-1253\/"},{"id":62277,"section_number":"55.1-1410","catch_line":"Notice to terminate a tenancy in nonresidential rental property; notice of change in use of multifamily residential building","order_by":null,"url":"\/55.1-1410\/"}],"permalink":{"id":246159,"object_type":"law","relational_id":58492,"identifier":"55.1-1258","token":"55.1\/III\/12\/6\/55.1-1258","url":"\/55.1-1258\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1258\/","token":"55.1\/III\/12\/6\/55.1-1258","dublin_core":{"Title":"Retaliatory conduct prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1258","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in this section or as otherwise provided by law<\/span>, a landlord<\/span> may not retaliate by increasing rent<\/span> or decreasing services or by bringing or threatening to bring an action<\/span> for possession<\/span> or by causing a termination of the rental agreement<\/span> pursuant to § 55.1-1253<\/a> or 55.1-1410<\/a> after he has knowledge that (i) the tenant<\/span> has complained to a governmental agency charged with responsibility for enforcement of a building or housing code<\/span> of a violation applicable to the premises<\/span> materially affecting health or safety, (ii) the tenant<\/span> has made a complaint to or filed an action<\/span> against the landlord<\/span> for a violation of any provision of this chapter, (iii) the tenant<\/span> has organized or become a member of a tenant<\/span>’s organization<\/span>, or (iv) the tenant<\/span> has testified in a court<\/span> proceeding against the landlord<\/span>. However, the provisions of this subsection shall not be construed to prevent the landlord<\/span> from increasing rent<\/span> to that which is charged for similar market rentals nor decreasing services that apply equally to all tenants<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the landlord<\/span> acts in violation of this section, the tenant<\/span> is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages<\/span>, and may assert such retaliation as a defense in any action<\/span> against him for possession<\/span>. The burden of proving retaliatory intent<\/span> shall be on the tenant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding subsections A and B, a landlord<\/span> may terminate the rental agreement<\/span> pursuant to \u00a7 55.1-1253<\/a> or 55.1-1410<\/a> and bring an action<\/span> for possession<\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Violation of the applicable building or housing code<\/span> was caused primarily by lack of reasonable care by the tenant<\/span>, an authorized occupant<\/span>, or a guest or invitee<\/span> of the tenant<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The tenant<\/span> is in default<\/span> in rent<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Compliance with the applicable building or housing code<\/span> requires alteration, remodeling, or demolition that would effectively deprive the tenant<\/span> of use of the dwelling unit<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The tenant<\/span> is in default<\/span> of a provision of the rental agreement<\/span> materially affecting the health and safety of himself or others. The maintenance of the action<\/span> provided in this section does not release the landlord<\/span> from liability under § 55.1-1226<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The landlord<\/span> may also terminate the rental agreement<\/span> pursuant to § 55.1-1253<\/a> or 55.1-1410<\/a> for any other reason not prohibited by law<\/span> unless the court<\/span> finds that the reason for the termination was retaliation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRETALIATORY CONDUCT PROHIBITED (\u00a7 55.1-1258)\n\nA. Except as provided in this section or as otherwise provided by law, a\nlandlord may not retaliate by increasing rent or decreasing services or by\nbringing or threatening to bring an action for possession or by causing a\ntermination of the rental agreement pursuant to § 55.1-1253 or 55.1-1410\nafter he has knowledge that (i) the tenant has complained to a governmental\nagency charged with responsibility for enforcement of a building or housing code\nof a violation applicable to the premises materially affecting health or safety,\n(ii) the tenant has made a complaint to or filed an action against the landlord\nfor a violation of any provision of this chapter, (iii) the tenant has organized\nor become a member of a tenant’s organization, or (iv) the tenant has\ntestified in a court proceeding against the landlord. However, the provisions of\nthis subsection shall not be construed to prevent the landlord from increasing\nrent to that which is charged for similar market rentals nor decreasing services\nthat apply equally to all tenants.\n\nB. If the landlord acts in violation of this section, the tenant is entitled to\nthe applicable remedies provided for in this chapter, including recovery of\nactual damages, and may assert such retaliation as a defense in any action\nagainst him for possession. The burden of proving retaliatory intent shall be on\nthe tenant.\n\nC. Notwithstanding subsections A and B, a landlord may terminate the rental\nagreement pursuant to \u00a7 55.1-1253 or 55.1-1410 and bring an action for\npossession if:\n\n 1. Violation of the applicable building or housing code was caused primarily\n by lack of reasonable care by the tenant, an authorized occupant, or a guest\n or invitee of the tenant;\n\n 2. The tenant is in default in rent;\n\n 3. Compliance with the applicable building or housing code requires\n alteration, remodeling, or demolition that would effectively deprive the\n tenant of use of the dwelling unit; or\n\n 4. The tenant is in default of a provision of the rental agreement materially\n affecting the health and safety of himself or others. The maintenance of the\n action provided in this section does not release the landlord from liability\n under § 55.1-1226.\n\nD. The landlord may also terminate the rental agreement pursuant to §\n55.1-1253 or 55.1-1410 for any other reason not prohibited by law unless the\ncourt finds that the reason for the termination was retaliation.\n\nHISTORY: 1974, c. 680, \u00a7 55-248.39; 1983, c. 396; 1985, c. 268; 2000, c. 760;\n2015, c. 408; 2019, c. 712.","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}}