                                 CODE OF VIRGINIA

LANDLORD&#8217;S NONCOMPLIANCE AS DEFENSE TO ACTION FOR POSSESSION FOR
NONPAYMENT OF RENT (§ 55.1-1241)

A. 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:

   1. 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

   2. 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.

B. 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.

C. 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:

   1. Reducing rent in such amount as the court determines to be equitable to
   represent the existence of any condition set forth in subsection A;

   2. Terminating the rental agreement or ordering the surrender of the premises
   to the landlord; or

   3. 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&#8217;s or
   materialman&#8217;s lien, or (iii) remedy any condition set forth in
   subsection A that is found by the court to exist.

D. 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.

E. 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.

HISTORY: 1974, c. 680, § 55-248.25; 1982, c. 260; 2000, c. 760; 2019, cc. 324,
712.