CODE OF VIRGINIA

RETALIATORY CONDUCT PROHIBITED (§ 55-225.18)

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 § 55-222 or 55-248.37 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 a suit against the landlord for a
violation of any provision of this chapter; (iii) the tenant has organized or
become a member of a tenants’ 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
rents to that charged on similar market rentals nor decreasing services that
shall 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 § 55-222 or 55-248.37 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 or a member of his household or a
   person on the premises with his consent;

   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.

D. The landlord may also terminate the rental agreement pursuant to § 55-222 or
55-248.37 for any other reason not prohibited by law unless the court finds that
the reason for the termination was retaliation.

HISTORY: 2015, c. 408.