Retaliatory Landlord Abuse – Code of Virginia

Code of Virginia

Table of Contents » Title 55.1. Property and Conveyances » Subtitle III. Rental Conveyances » Chapter 12. Virginia Residential Landlord and Tenant Act » Article 6. Retaliatory Action » § 55.1-1258. Retaliatory conduct prohibited

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§ 55.1-1258. Retaliatory conduct prohibited.

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 § 55.1-1253 or 55.1-1410 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 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’s 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 rent to that which is charged for similar market rentals nor decreasing services that 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 § 55.1-1253 or 55.1-1410 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, an authorized occupant, or a guest or invitee of the tenant;

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. The maintenance of the action provided in this section does not release the landlord from liability under § 55.1-1226.

D. The landlord may also terminate the rental agreement pursuant to § 55.1-1253or 55.1-1410 for any other reason not prohibited by law unless the court finds that the reason for the termination was retaliation.

1974, c. 680, § 55-248.39; 1983, c. 396; 1985, c. 268; 2000, c. 760; 2015, c. 408; 2019, c. 712.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

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Author: GreatCosmicMothersUnited

I have joined with many parents affected with the surreal , yet accepted issue of child abuse via Pathogenic Parenting / Domestic abuse. As a survivor of Domestic Abuse, denial abounded that 3 sons were not affected. In my desire to be family to those who have found me lacking . As a survivor of psychiatric abuse, therapist who abused also and toxic prescribed medications took me to hell on earth with few moments of heaven. I will share my life, my experiences and my studies and research.. I will talk to small circles and I will council ; as targeted parents , grandparents , aunts , uncles etc. , are denied contact with a child for reasons that serve the abuser ...further abusing the child. I grasp the trauma and I have looked at the lost connection to a higher power.. I grasp when one is accustomed to privilege, equality can feel like discrimination.. Shame and affluence silences a lot of facts , truths that have been labeled "negative". It is about liberation of the soul from projections of a alienator , and abuser ..

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