                                 CODE OF VIRGINIA

RETALIATORY CONDUCT PROHIBITED (§ 55.1-1314)

A. Except as provided in this section, or as otherwise provided by law, a
landlord shall not retaliate by selectively increasing rent or decreasing
services or by bringing or threatening to bring an action for possession after
the landlord 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.

B. The landlord shall be deemed to have knowledge of a fact if he has actual
knowledge of it, he has received a notice or notification of it, or, from all
the facts and circumstances known to him at the time in question, he has reason
to know that it exists.

C. Notwithstanding the provisions of subsections A and B, a landlord may
terminate the rental agreement pursuant to subsection A of § 55.1-1308 and
bring an action for possession if:

   1. Violation of the applicable building and housing code was caused by lack of
   reasonable care by the tenant, a member of the tenant&#8217;s household, or a
   guest or invitee of the tenant;

   2. The tenant is in default in rent; or

   3. The tenant is in default of a provision of the rental agreement materially
   affecting the health and safety of the tenant or others.

HISTORY: 1986, c. 586, § 55-248.50; 1991, c. 185; 1992, c. 709; 2019, c. 712.