VirginiaHB2812026 Regular SessionHouseWALLET

Va. Residential Landlord and Tenant Act; defense to action for possessions for nonpayment of rent

Sponsored By: Katrina Callsen (Democratic)

Became Law

Summary

Virginia Residential Landlord and Tenant Act; noncompliance as defense to action for possession for nonpayment of rent. Removes the provision requiring that a tenant in possession of a dwelling unit, prior to asserting a defense against an action for rent or possession, pay into court the amount of rent found by the court to be due and unpaid and for such amount to be held by the court pending the issuance of an order. The bill also limits the discretion of the court in actions for possession based upon nonpayment of rent and actions for rent by a landlord when the tenant is in possession of a dwelling unit. The bill has a delayed effective date of January 1, 2027.

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Court relief when rental is unsafe

If the court finds serious hazards, it can lower the rent to a fair amount. At your request, the court can end your lease or order you to surrender the unit. The court can also order the landlord to fix problems that result from the landlord’s material noncompliance.

New eviction defense for unsafe rentals

The law lets renters fight an eviction for nonpayment, or a rent claim while still living there, if the home is unsafe. Examples include no heat, no running water or electricity, sewage problems, rodent infestations, or other serious health or safety threats. A landlord can defeat this defense by proving the problem does not exist, was fixed, was caused by you or your guests, or you unreasonably refused entry to make repairs.

Steps and deposits to use defense

To use this defense, you must give the landlord written notice first, or an agency must issue a violation or condemnation notice. Delays over 30 days after the landlord gets notice are presumed unreasonable, but the court decides what is reasonable. If you are still in the home, you must pay into court the rent the court finds is due. If the court pauses the case for an agency investigation, you usually must deposit rent coming due during the pause. The court can use deposited rent to pay a mortgage to stop foreclosure, pay a lien, or fix the proven problem.

Landlords can update rent at trial

The law keeps a landlord’s right to change the amount they ask for at trial. A landlord can include all rent due through the trial date.

Attorney fees for wins or bad faith

If you win your case, the court can make the landlord pay your reasonable costs, including attorney fees. If you act in bad faith, caused the violation, or unreasonably refused entry, the court can make you pay the landlord’s costs and repair costs.

Sponsors & Cosponsors

Sponsor

  • Katrina Callsen

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 303 • No: 157

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 36

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

House vote 3/12/2026

Senate amendment agreed to by House

Yes: 63 • No: 35

Senate vote 3/11/2026

Passed Senate with amendment

Yes: 21 • No: 19

Senate vote 3/11/2026

General Laws and Technology Amendment agreed to

Yes: 0 • No: 0

Senate vote 3/6/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/6/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 3/4/2026

Reported from General Laws and Technology with amendment

Yes: 9 • No: 6

House vote 2/9/2026

Read third time and passed House

Yes: 64 • No: 34

House vote 2/3/2026

Reported from General Laws with amendment(s)

Yes: 15 • No: 6

House vote 1/29/2026

Subcommittee recommends reporting

Yes: 7 • No: 3

Actions Timeline

  1. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (64-Y 36-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1041)

    4/22/2026Governor
  4. Reenrolled bill text (HB281ER2)

    4/22/2026House
  5. Approved by Governor-Chapter 1041 (Effective 1/1/2027)

    4/22/2026Governor
  6. Signed by President

    4/22/2026Senate
  7. Signed by Speaker

    4/22/2026House
  8. Governor's recommendation adopted

    4/22/2026Governor
  9. Governor's recommendation received by House

    4/11/2026Governor
  10. Fiscal Impact Statement from Department of Planning and Budget (HB281)

    4/1/2026House
  11. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  12. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  13. Signed by Speaker

    3/31/2026House
  14. Bill text as passed House and Senate (HB281ER)

    3/30/2026House
  15. Enrolled

    3/30/2026House
  16. Signed by President

    3/30/2026Senate
  17. Senate amendment agreed to by House (63-Y 35-N 0-A)

    3/12/2026House
  18. Passed Senate with amendment (21-Y 19-N 0-A)

    3/11/2026Senate
  19. General Laws and Technology Amendment agreed to

    3/11/2026Senate
  20. Read third time

    3/11/2026Senate
  21. Engrossed by Senate as amended

    3/11/2026Senate
  22. Passed by for the day

    3/10/2026Senate
  23. Read third time

    3/10/2026Senate
  24. Passed by for the day

    3/9/2026Senate
  25. Passed by for the day Block Vote (Voice Vote)

    3/6/2026Senate

Bill Text

Related Bills

Back to State Legislation