                                 CODE OF VIRGINIA

RETALIATORY CONDUCT PROHIBITED (§ 55.1-1258)

A. 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 &#xA7; 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&#8217;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. 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.

C. Notwithstanding subsections A and B, a landlord may terminate the rental
agreement pursuant to § 55.1-1253 or 55.1-1410 and bring an action for
possession if:

   1. 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;

   2. The tenant is in default in rent;

   3. 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

   4. 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 &#xA7; 55.1-1226.

D. The landlord may also terminate the rental agreement pursuant to &#xA7;
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.

HISTORY: 1974, c. 680, § 55-248.39; 1983, c. 396; 1985, c. 268; 2000, c. 760;
2015, c. 408; 2019, c. 712.