Landlord repairs in Virginia

The landlord must follow building and housing codes materially affecting health and safety, make all repairs needed to keep the premises fit and habitable, keep common areas clean and safe, and keep supplied electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances (including elevators) in good and safe working order. The landlord must also prevent moisture and mold growth and promptly remediate visible mold. (Va. Code § 55.1-1220(A))

Virginia law names these:

• running water and reasonable amounts of hot water at all times
• heat in season
• reasonable air conditioning if provided
• working electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities and supplied appliances, including elevators
• garbage and waste receptacles and removal
• smoke alarms, with a certificate that they are present, inspected and working (no more than once every 12 months)
• mold prevention and remediation of visible mold

The tenant must give the landlord written notice of the condition. For a Tenant's Assertion (rent escrow), a violation or condemnation notice from a state or local agency also counts. For termination, the written notice must specify the breach and state that the lease ends on a date at least 30 days after receipt if not fixed within 21 days. (Va. Code §§ 55.1-1234, 55.1-1244(B), 55.1-1244.1(B))

The notice must be in writing. Write a Virginia repair request letter.

For a condition that is a material noncompliance or a fire hazard or serious threat to life, health or safety (e.g., rodents, no heat, hot or cold water, light, electricity or sewage), the landlord must take reasonable steps to repair within 14 days of receiving the tenant's written notice (§ 55.1-1244.1(B)). For termination, the landlord has 21 days to remedy after a written breach notice (§ 55.1-1234). For a Tenant's Assertion, a delay of more than 30 days after notice is presumed unreasonable (§ 55.1-1244(B)). Courts must hold earlier hearings for emergencies such as no heat in winter or no sewage disposal (§ 55.1-1244).

Law: Va. Code §§ 55.1-1244.1(B), 55.1-1234, 55.1-1244(B)

Allowed with limits. If the landlord has not taken reasonable steps within 14 days of written notice of a serious condition, the tenant may hire a contractor licensed by the Board for Contractors (or a licensed pesticide business for rodents) and deduct the actual invoiced cost, up to the greater of one month's rent or $1,500, after giving the landlord an itemized statement with receipts. A local government or nonprofit may hire the contractor for the tenant. Not allowed if the tenant or guests caused the problem, the landlord was denied access, or the landlord already fixed it.

Waiting period after notice:

14 days

Limit:

the greater of one month's rent or $1,500

Law:

Va. Code § 55.1-1244.1

Not allowed. Virginia has no rent withholding except repair and deduct; instead the tenant pays rent into a court escrow through a Tenant's Assertion (Virginia DHCD statement of tenant rights).

Law:

Va. Code § 55.1-1244; DHCD VRLTA Statement of Tenant Rights and Responsibilities (2026)

Tenant's Assertion: the tenant files in general district court after the landlord fails to fix a serious condition within a reasonable time (over 30 days presumed unreasonable) after written notice or an agency violation notice, and pays rent into court within 5 days of each due date. Until Jan. 1, 2027 the tenant must be current on rent to file; from Jan. 1, 2027 (2026 Acts ch. 1118) the tenant need not pay past-due rent or charges to file, and a missed escrow payment is not grounds for dismissal. The first hearing is within 15 calendar days of service (earlier for emergencies). The court may abate rent, release escrow for repairs, end the lease, or award fees; if the condition is not fixed within 6 months of the escrow and the landlord has not tried, all escrow goes to the tenant. (Va. Code § 55.1-1244)

Allowed. For a material noncompliance affecting health and safety, the tenant may serve written notice that the lease ends on a date at least 30 days after receipt unless the breach is fixed within 21 days; for a non-remediable breach or an intentional repeat of a like breach already noticed, the lease ends at least 30 days after notice without a cure period. Not available for conditions caused by the tenant, occupants or guests. The landlord must return the security deposit. The court can also end the lease in a Tenant's Assertion.

Law:

Va. Code §§ 55.1-1234, 55.1-1244

Damages and injunctive relief for the landlord's noncompliance, with reasonable attorney fees unless the landlord proves its actions were reasonable (§ 55.1-1234). A locality may act on behalf of tenants to enforce the Act for fire hazards or serious threats to life, health or safety (§ 55.1-1259).

After knowing a tenant complained to a code agency about a health or safety violation, complained to or sued the landlord under the Act, joined a tenant organization, or testified against the landlord, the landlord may not raise rent, cut services, or bring or threaten an eviction or termination in retaliation. The tenant gets actual damages and a defense to eviction; the tenant bears the burden of proving retaliatory intent. There is no presumption period. From Jan. 1, 2027 (2026 Acts ch. 1111) protection expands to complaints to news media, written complaints under fair housing laws, harassment, selective rule enforcement, fee increases and refusing to renew voucher holders. (Va. Code § 55.1-1258)

Tenants may complain to the local building code official (Uniform Statewide Building Code); a violation or condemnation notice from a state or local agency can support a Tenant's Assertion (§ 55.1-1244(B)), and localities may sue on tenants' behalf (§ 55.1-1259).

• The landlord and tenant may agree in writing, in good faith, that the tenant handles common areas, garbage, and hot water/heat/AC supply and specified repairs (§ 55.1-1220(D)).
• The landlord is liable only for actual damages proximately caused by failure to use ordinary care (§ 55.1-1220(B)).
• Tenants must promptly report visible mold and pests (§ 55.1-1227); the landlord may need to relocate the tenant during mold remediation (§ 55.1-1231).
• Pending change: on Jan. 1, 2027 the revised §§ 55.1-1244 and 55.1-1258 take effect (2026 Acts chs. 1118 and 1111).

• Virginia repair request letter (free, runs in your browser)
• Breaking a lease in Virginia: notice periods and early-termination rights
• Virginia eviction notice rules: what a notice for unpaid rent requires

• Va. Code § 55.1-1220 Landlord to maintain fit premises Retrieved October 14, 2026.
• Va. Code § 55.1-1234 Noncompliance by landlord Retrieved October 14, 2026.
• Va. Code § 55.1-1244 Tenant's assertion; rent escrow Retrieved October 14, 2026.
• Va. Code § 55.1-1244.1 Tenant's remedy by repair Retrieved October 14, 2026.
• Va. Code § 55.1-1258 Retaliatory conduct prohibited Retrieved October 14, 2026.
• Virginia DHCD — VRLTA Statement of Tenant Rights and Responsibilities (updated July 1, 2026) Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.