CODE OF VIRGINIA

RETALIATORY CONDUCT PROHIBITED (§ 55-248.50)

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
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.

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 of this section, a
landlord may terminate the rental agreement pursuant to subsection A of §
55-248.46 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 or a member of his household or a person on
   the premises with his consent;

   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 himself or others.

HISTORY: 1986, c. 586; 1991, c. 185; 1992, c. 709.