2006 Code of Virginia § 55-248.50 - Retaliatory conduct prohibited

55-248.50. Retaliatory conduct prohibited.

A. Except as provided in this section, or as otherwise provided by law, alandlord shall not retaliate by selectively increasing rent or decreasingservices or by bringing or threatening to bring an action for possessionafter he has knowledge that: (i) the tenant has complained to a governmentalagency charged with responsibility for enforcement of a building or housingcode of a violation applicable to the premises materially affecting health orsafety; (ii) the tenant has made a complaint to or filed a suit against thelandlord for a violation of any provision of this chapter; (iii) the tenanthas organized or become a member of a tenants' organization; or (iv) thetenant has testified in a court proceeding against the landlord.

B. The landlord shall be deemed to have knowledge of a fact if he has actualknowledge of it; he has received a notice or notification of it; or, from allthe facts and circumstances known to him at the time in question, he hasreason to know that it exists.

C. Notwithstanding the provisions of subsections A and B of this section, alandlord may terminate the rental agreement pursuant to subsection A of 55-248.46 and bring an action for possession if:

1. Violation of the applicable building and housing code was caused by lackof reasonable care by the tenant or a member of his household or a person onthe premises with his consent;

2. The tenant is in default in rent; or

3. The tenant is in default of a provision of the rental agreement materiallyaffecting the health and safety of himself or others.

(1986, c. 586; 1991, c. 185; 1992, c. 709.)