Landlord retaliation law in Virginia: section 55.1-1258 and the January 1, 2027 version
Virginia Code 55.1-1258 bars a landlord from retaliating by increasing rent, decreasing services, bringing or threatening a possession action, or ending the tenancy after the landlord knows the tenant complained, filed an action, organized or testified. The Code of Virginia posts two versions: the one in effect now and one that takes effect January 1, 2027, with more protected acts and a longer list of banned actions.
What does the current version say?
Under the current text, a landlord may not retaliate by increasing rent or decreasing services, by bringing or threatening to bring an action for possession, or by causing a termination under 55.1-1253 or 55.1-1410, after he has knowledge that the tenant has complained to a governmental agency enforcing a building or housing code of a violation materially affecting health or safety, made a complaint to or filed an action against the landlord for a violation of the chapter, organized or joined a tenant's organization, or testified in a court proceeding against the landlord. The landlord may still raise rent to the level charged for similar market rentals and decrease services that apply equally to all tenants.
The tenant gets the remedies in the chapter, including actual damages, and may assert retaliation as a defense to possession. The burden of proving retaliatory intent is on the tenant. A landlord can still terminate and bring an action if the code violation was caused primarily by the tenant, the tenant is in default in rent, compliance requires work that would deprive the tenant of use of the unit, or the tenant is in default of a lease provision materially affecting health and safety. The landlord may also terminate for any other lawful reason unless the court finds the reason was retaliation.
What changes on January 1, 2027?
The later text requires actual knowledge and widens the protected acts: a complaint to a news or media outlet about noncompliance with the rental agreement or the chapter, a written complaint to or action against the landlord under the rental agreement, the chapter, the Virginia Fair Housing Law or the federal Fair Housing Act, participation in tenants' organization activities, and testifying in a court or administrative proceeding. The banned actions grow to include increasing the rental amount or fees, selectively decreasing services or enforcing a rule, threatening, harassing or coercing the tenant, bringing or threatening a possession action, terminating under 55.1-1253, and refusing to renew where the tenant has a voucher or other rental assistance.
It also lists nine situations where the landlord is not liable, among them a rent default when the unlawful detainer is filed, a termination notice given before the tenant's protected act, a rent or fee increase made under the terms of the rental agreement, and a service decrease or rule change that applies equally to all tenants. The text I read carries a 2026 chapter citation, so confirm the effective version on the date of your action.
Example a made-up landlord receives a written complaint from a tenant on Monday, December 14, 2026 and wants to send a rent notice. Under the version in effect that day, the burden is on the tenant. For an action after Friday, January 1, 2027, the longer version applies, and the landlord should check that a rent increase fits the lease terms or applies to every unit, and keep the termination notice date in the file.
How do you show a legitimate reason?
- Send rent increases at lease renewal on a schedule written into the lease.
- Apply service and rule changes to all tenants, and say so in the notice.
- Date and keep a termination notice that predates any complaint.
- Keep the ledger for default and the written warning for material noncompliance.
Where does DoorKeeping fit?
DoorKeeping keeps the maintenance requests, tenant messages, rent ledger and notices for each unit in one timeline, so the date of a complaint and the date of your next action sit side by side. That record is what you show a judge. You decide and act yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if a tenant raises retaliation.
Sources
Questions
- Who carries the burden in a Virginia retaliation case now?
- The tenant bears the burden of proving retaliatory intent under the current text of 55.1-1258.
- Does the Virginia retaliation law change in 2027?
- The Code posts a version effective January 1, 2027 with more protected acts and banned actions.
- Can a Virginia landlord raise rent after a complaint?
- To market rent under the current text, or under the rental agreement terms in the 2027 text.