2006 Code of Virginia § 55-248.25 - Landlord\'s noncompliance as defense to action for possession for nonpayment of rent

55-248.25. Landlord's noncompliance as defense to action for possession fornonpayment of rent.

A. In an action for possession based upon nonpayment of rent or in an actionfor rent by a landlord when the tenant is in possession, the tenant mayassert as a defense that there exists upon the leased premises, a conditionwhich constitutes or will constitute, a fire hazard or a serious threat tothe life, health or safety of occupants thereof, including but not limited toa lack of heat or running water or of light or of electricity or adequatesewage disposal facilities or an infestation of rodents, or a condition whichconstitutes material noncompliance on the part of the landlord with therental agreement or provisions of law. The assertion of any defense providedfor in this section shall be conditioned upon the following:

1. Prior to the commencement of the action for rent or possession, thelandlord or his agent was served a written notice of the aforesaid conditionor conditions by the tenant or was notified by a violation or condemnationnotice from an appropriate state or municipal agency, but that the landlordhas refused, or having a reasonable opportunity to do so, has failed toremedy the same. For the purposes of this subsection, what period of timeshall be deemed to be unreasonable delay is left to the discretion of thecourt except that there shall be a rebuttable presumption that a period inexcess of thirty days from receipt of the notification by the landlord isunreasonable; and

2. The tenant, if in possession, has paid into court the amount of rent foundby the court to be due and unpaid, to be held by the court pending theissuance of an order under subsection C.

B. It shall be a sufficient answer to such a defense provided for in thissection if the landlord establishes the conditions alleged in the defense donot in fact exist; or such conditions have been removed or remedied; or suchconditions have been caused by the tenant or members of the family of suchtenant or of his or their guests; or the tenant has unreasonably refusedentry to the landlord to the premises for the purposes of correcting suchconditions.

C. The court shall make findings of fact upon any defense raised under thissection or the answer to any defense and, thereafter, shall pass such orderas may be required including any one or more of the following:

1. An order to set-off to the tenant as determined by the court in suchamount as may be equitable to represent the existence of any condition setforth in subsection A which is found by the court to exist;

2. Terminate the rental agreement or order surrender of the premises to thelandlord; or

3. Refer any matter before the court to the proper state or municipal agencyfor investigation and report and grant a continuance of the action orcomplaint pending receipt of such investigation and report. When such acontinuance is granted, the tenant shall deposit with the court any rentswhich will become due during the period of continuance, to be held by thecourt pending its further order or in its discretion the court may use suchfunds to pay a mortgage on the property in order to stay a foreclosure, topay a creditor to prevent or satisfy a bill to enforce a mechanic's ormaterialman's lien, or to remedy any condition set forth in subsection Awhich is found by the court to exist.

D. If it appears that the tenant has raised a defense under this section inbad faith or has caused the violation or has unreasonably refused entry tothe landlord for the purpose of correcting the condition giving rise to theviolation, the court, in its discretion, may impose upon the tenant thereasonable costs of the landlord, including court costs, the costs of repairwhere the court finds the tenant has caused the violation, and reasonableattorney's fees.

(1974, c. 680; 1982, c. 260; 2000, c. 760.)