2006 Code of Virginia § 55-248.39 - Retaliatory conduct prohibited

55-248.39. Retaliatory conduct prohibited.

A. Except as provided in this section, or as otherwise provided by law, alandlord may not retaliate by increasing rent or decreasing services or bybringing or threatening to bring an action for possession or by causing atermination of the rental agreement pursuant to 55-222 or 55-248.37 afterhe has knowledge that: (i) the tenant has complained to a governmental agencycharged with responsibility for enforcement of a building or housing code ofa violation applicable to the premises materially affecting health or safety;or (ii) the tenant has made a complaint to or filed a suit against thelandlord for a violation of any provision of this chapter; or (iii) thetenant has organized or become a member of a tenants' 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 thelandlord from increasing rents to that charged on similar market rentals nordecreasing services that shall apply equally to all tenants.

B. If the landlord acts in violation of this section, the tenant is entitledto the applicable remedies provided for in this chapter, including recoveryof actual damages, and may assert such retaliation as a defense in any actionagainst him for possession. The burden of proving retaliatory intent shall beon the tenant.

C. Notwithstanding subsections A and B, a landlord may terminate the rentalagreement pursuant to 55-222 or 55-248.37 and bring an action forpossession if:

1. Violation of the applicable building or housing code was caused primarilyby lack of reasonable care by the tenant or a member of his household or aperson on the premises with his consent;

2. The tenant is in default in rent;

3. Compliance with the applicable building or housing code requiresalteration, remodeling or demolition which would effectively deprive thetenant of use of the dwelling unit; or

4. The tenant is in default of a provision of the rental agreement materiallyaffecting the health and safety of himself or others. The maintenance of theaction provided herein does not release the landlord from liability under 55-248.15:1.

D. The landlord may also terminate the rental agreement pursuant to 55-222or 55-248.37 for any other reason not prohibited by law unless the courtfinds that the primary reason for the termination was retaliation.

(1974, c. 680; 1983, c. 396; 1985, c. 268; 2000, c. 760.)