Virginia landlord repair laws: written notice, a 21-day cure and a retaliation rule that changes in 2027
Va. Code 55.1-1234 lets a Virginia tenant facing a material noncompliance, or a failure that materially affects health and safety, serve written notice. If the breach is not fixed within 21 days, the agreement can end on a date at least 30 days after the landlord receives the notice. Damages, an injunction and attorney fees are also available.
How does the 21-day cure work?
The tenant serves written notice listing the problems. If the breach is not remedied in 21 days, the agreement can end on a date at least 30 days after the landlord receives the notice. A landlord who repairs the problem before the termination date in the notice stops the termination, as long as the breach was repairable.
Some breaches cannot be cured. For those the tenant can give written notice and end the agreement on a date at least 30 days after receipt, without a 21-day cure period. If a landlord fixed an earlier breach and then intentionally commits a similar breach, the tenant can give a notice referring to the earlier one, again with 30 days.
What other remedies does the tenant have?
- Damages and injunctive relief.
- Reasonable attorney fees, unless the landlord shows by a preponderance of the evidence that its actions were reasonable under the circumstances.
- Return of the security deposit under section 55.1-1226 if the agreement ends because of the landlord's noncompliance.
The tenant cannot terminate over a condition caused by the deliberate or negligent act of the tenant, an occupant or a guest.
What does Virginia say about retaliation?
Section 55.1-1258 has two versions. Until January 1, 2027, after a landlord knows of a protected act, the landlord may not retaliate by raising rent, cutting services, bringing or threatening a possession action, or terminating the tenancy. Protected acts include complaining to a code-enforcement agency, complaining or suing over a violation of the chapter, joining a tenants' organization and testifying against the landlord. Rent may rise to match similar market rentals, and service cuts applying equally to all tenants are allowed. The tenant carries the burden of proving retaliatory intent.
A revised version takes effect on January 1, 2027. It widens protected acts (including written complaints about lease or chapter violations and fair housing complaints) and prohibited acts (including fee increases, selective rule enforcement and unconsented material lease changes). The explicit sentence about the tenant's burden of proof does not appear in the revised text I read. Plan now for the wider rule.
Example a made-up owner in Richmond raises one tenant's fee the month after a written repair complaint. Under the 2027 version that pattern could be argued as retaliation even though rent itself did not change.
What should the landlord log?
Log the date the written notice was received, because both the 21 days and the 30 days run from it. Record when you started and finished the repair, and whether you finished before any termination date stated in the notice. Treat every later rent, fee or rule change affecting that tenant as something you may have to justify, and write the reason down.
Mistakes to avoid in Virginia
Two errors recur. The first is treating the 21 days as the limit for every problem. A breach that cannot be cured has no 21-day period, and a repeat of a breach you already fixed allows termination on 30 days without a cure window. The second is quietly fixing a problem and then raising the tenant's rent or fees soon after. Under the current rule rent may rise to match similar market rentals, but a fee increase pointed at one tenant, or a sudden strict enforcement of a rule against them, will look very different under the 2027 text. Decide your pricing and rule changes on a calendar that does not depend on who complained.
How DoorKeeping fits in Virginia
DoorKeeping takes a Virginia tenant's repair request as a work order tied to the unit, with the date it arrived, the photos and every reply in one thread. The received date of the notice is stamped on the request, which is the date everything else counts from. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- How long does a Virginia landlord have to cure a repair problem?
- 21 days after written notice, after which the tenant can end the agreement on a date at least 30 days after the landlord receives the notice.
- Can a Virginia tenant recover attorney fees?
- Generally yes, unless the landlord shows its actions were reasonable under the circumstances.
- Does Virginia's retaliation rule change?
- Yes. A revised section 55.1-1258 takes effect January 1, 2027 with wider protected and prohibited acts.