79006655-248.39Virginia Decodedhttps://vacode.org2016Property And ConveyancesVirginia Residential Landlord And Tenant ActRetaliatory ActionRetaliatory conduct prohibited1974, c. 680; 1983, c. 396; 1985, c. 268; 2000, c. 760; 2015, c. 408.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.sectionBB1Notwithstanding 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:sectionCC1 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;sectionC1C12 The tenant is in default in rent;sectionC2C22 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; orsectionC3C32 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 herein does not release the landlord from liability under § 55-248.15:1.sectionC4C42The 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.sectionDD1 . . . James E. Deal and Charlene S. Deal v. Newport Datsun Ltd., a . . . 82-1174706 F.2d 1411983-05-11https://www.courtlistener.com/opinion/417785/james-e-deal-and-charlene-s-deal-v-newport-datsun-ltd-a-corporation/ . . . pendent state law claim under Virginia Code Sec. 55-248.39, relating to retaliatory conduct. . . . Court of Appeals for the Fourth Circuit . . . Richmond Tenants Organization, Inc. v. Richmond Redev. & . . . Civ. A. No. 3:90CV00576751 F. Supp. 12041990-12-03https://www.courtlistener.com/opinion/1744882/richmond-tenants-organization-inc-v-richmond-redev-hous-auth/ . . . duplicated the protection afforded under Section 55-248.39 of the Virginia Residential Landlord and . . . District Court, E.D. Virginiahttp://law.lis.virginia.gov/vacode/55-248.39/55-222Notice to terminate a tenancy; on whom served; when necessary/55-222/55-248.37Periodic tenancy; holdover remedies/55-248.37//55-248.39/55/13.2/6/55-248.3936-106