Virginia landlord repair laws

What your landlord is required to fix, how long they have once you put it in writing, and what Virginia law lets you do if they don't.

What your landlord must maintain

Under Va. Code § 55.1-1220, a landlord must comply with applicable building and housing codes materially affecting health and safety, make all repairs necessary to keep the premises fit and habitable, maintain electrical, plumbing, sanitary, heating, ventilating and air-conditioning systems in good and safe working order, and prevent the accumulation of moisture and growth of mold.

Conditions the statute covers

• ✓No working heat
• ✓No running water
• ✓No hot water
• ✓Electrical system not working or unsafe
• ✓Plumbing not in working order
• ✓Sewage backup or unsanitary conditions
• ✓Air conditioning not working (where supplied)
• ✓Supplied appliances not working — stove, refrigerator
• ✓Unsafe floors, stairs, railings, ceiling, or roof
• ✓Roof, window, or plumbing leak causing damage
• ✓Mold growth
• ✓Rodent or insect infestation
• ✓Common areas unsafe or unsanitary
• ✓No garbage receptacles or removal
• ✓Broken exterior door, window, or lock
• ✓Building or housing code violation

What you can do about it

Once written notice has been given and the statutory period has passed, you may recover damages and obtain injunctive relief under § 55.1-1234, contract with a licensed contractor and recover the cost under § 55.1-1244.1, or assert the condition and pay rent into escrow under § 55.1-1244.

Repair-and-deduct limit: under § 55.1-1244.1 the tenant may recover actual costs not exceeding the greater of one month's rent or $1,500, after written notice and 14 days, with the work performed by a licensed contractor and an itemized statement and receipts provided. (Shown for a $1,500 monthly rent where the limit depends on rent.)

Retaliation is illegal

Va. Code § 55.1-1258 prohibits retaliation against a tenant who has made a written complaint to the landlord or complained to a code enforcement agency, and it may be raised as a defense to an action for possession.

Limits and exceptions

Under § 55.1-1234 a tenant is entitled to reasonable attorney fees unless the landlord proves by a preponderance of the evidence that its actions were reasonable.

Common questions

How long does a landlord have to make repairs in Virginia?

Under Va. Code § 55.1-1234, the rental agreement terminates on a date not less than 30 days after your receipt of this notice if the breach is not remedied in 21 days. That clock starts when your landlord receives written notice — which is why how you send it matters.

Can I withhold rent or repair it myself in Virginia?

Virginia allows repair-and-deduct within limits: under § 55.1-1244.1 the tenant may recover actual costs not exceeding the greater of one month's rent or $1,500, after written notice and 14 days, with the work performed by a licensed contractor and an itemized statement and receipts provided. You must give written notice first, and the statutory waiting period must pass before you act.

Can my landlord retaliate if I ask for repairs in Virginia?

Va. Code § 55.1-1258 prohibits retaliation against a tenant who has made a written complaint to the landlord or complained to a code enforcement agency, and it may be raised as a defense to an action for possession.

Do I have to put a repair request in writing in Virginia?

Yes — and it is the single most important step. Under Va. Code §§ 55.1-1234, 55.1-1244.1, the landlord's obligations and your remedies run from written notice. A text message or a phone call generally leaves you arguing about whether and when your landlord was told.