When The Landlord Will Not Fix It
Va. Code 55.1-1244 — rent paid into court, and 30 days presumed long enough
In Virginia, the landlord has to comply with building and housing codes materially affecting health and safety, make the repairs needed to keep the premises fit and habitable, keep common areas clean and structurally safe, keep the electrical, plumbing, heating, air-conditioning and other facilities and appliances it supplies in good and safe working order, and prevent moisture and the growth of mold.
Rent goes to the court, not unpaid. A tenant can file a tenant's assertion in the general district court over a condition such as no heat or running water, no light or electricity, rodents, or lead paint the landlord knows of. The tenant shows that the landlord was given written notice and did not fix it in a reasonable time, and pays the rent into court within five days of each due date. A delay of more than 30 days after the landlord's notice is presumed unreasonable.
The court may end the lease, hold the money in escrow until the repair is made, reduce the rent, or release escrowed money to pay for repairs. Separately, a tenant may give written notice that the agreement will end on a date not less than 30 days away if a breach materially affecting health and safety is not fixed in 21 days, and may recover damages and reasonable attorney fees.
A landlord may not retaliate by raising rent, reducing services, or suing or threatening to sue for possession after learning that the tenant complained to a code agency, complained or sued under the landlord and tenant law, joined a tenant organization, or testified against the landlord.
Both the rent escrow section and the retaliation section are in force in the versions read here until January 1, 2027, when new versions enacted to replace them take effect. Under the new escrow section, rent is paid into court while the case is pending, and a late payment is not by itself grounds to dismiss the case.
Sources for this section (4)
- Va. Code 55.1-1220 — Landlord to maintain fit premises
- Va. Code 55.1-1244 — Tenant's assertion; rent escrow
- Va. Code 55.1-1234 — Noncompliance by landlord
- Va. Code 55.1-1258 — Retaliatory conduct prohibited
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.