2026 SESSION
ENROLLED
VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 55.1-1241 of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; noncompliance as defense to action for possession for nonpayment of rent.
[S 373]
Approved
Be it enacted by the General Assembly of Virginia:
1. That § 55.1-1241 of the Code of Virginia is amended and reenacted as follows:
§ 55.1-1241 . Landlord's noncompliance as defense to action for possession for nonpayment of rent.
A. In an action for possession based upon nonpayment of rent or in an action for rent by a landlord when the tenant is in possession, the tenant may assert as a defense that there exists upon the leased premises a condition that constitutes, or will constitute, a fire hazard or a serious threat to the life, health, or safety of the occupants of the dwelling unit, including (i) a lack of heat, running water, light, electricity, or adequate sewage disposal facilities; (ii) an infestation of rodents; or (iii) a condition that constitutes material noncompliance on the part of the landlord with the rental agreement or provisions of law. The assertion of any defense provided for in this section shall be conditioned upon the following:
1. Prior A tenant may assert a defense as provided for in this section if, prior to the commencement of the action for rent or possession, the landlord or his agent refused or, having a reasonable opportunity to do so, failed to remedy the condition for which he was served a written notice of the condition as defined in § 55.1-1200 by the tenant or was notified of such condition by a violation or condemnation notice from an appropriate state or local agency. For the purposes of this subsection, what the period of time shall be deemed to be unreasonable delay is left to the discretion of the court, except that there shall be a rebuttable presumption that a period in excess of 30 days from receipt of the notification by the landlord is unreasonable ; and