All Roll Calls
Yes: 168 • No: 84
Sponsored By: Jennifer B. Boysko (Democratic)
Became Law
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.
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4 provisions identified: 3 benefits, 1 costs, 0 mixed.
The law lets tenants raise a defense in a rent or eviction case when the home is unsafe or a fire risk. Covered problems include no heat, water, light, electricity, sewage, rodent infestation, or other serious landlord violations. You must have sent written notice, or the landlord got a violation or condemnation notice from a state or local agency. The landlord must have refused or failed to fix it after a reasonable chance. A delay of more than 30 days after notice is presumed unreasonable. If you still live there, you must deposit with the court the rent the judge finds due and unpaid. The court makes findings and can lower rent, end the lease or order surrender at your request, or pause the case and refer it to an agency. If the case is paused, you must deposit future rent during the pause. The court can hold that money or use it to pay a mortgage to stop foreclosure, pay a creditor to prevent or satisfy a lien, or make repairs.
If you win on this defense and the court enters judgment for you, the court can order the landlord to pay your reasonable costs. These can include court costs and reasonable attorney fees. The judge decides whether to award them.
If the court finds you raised the defense in bad faith, caused the problem, or unreasonably refused entry for repairs, the court can make you pay the landlord’s reasonable costs. These costs can include court costs, repair costs caused by you, and reasonable lawyer fees.
In these cases, the landlord can defeat the tenant’s claim by showing the problem does not exist, was fixed, was caused by the tenant or guests, or the tenant unreasonably blocked entry for repairs. At trial, the landlord can change the amount they ask for to include all rent that came due up to the trial date. These rules apply in rent or possession cases.
Jennifer B. Boysko
Democratic • Senate
There are no cosponsors for this bill.
All Roll Calls
Yes: 168 • No: 84
Senate vote • 2/26/2026
House substitute agreed to by Senate
Yes: 21 • No: 19
House vote • 2/24/2026
Passed House with substitute
Yes: 63 • No: 34
House vote • 2/19/2026
Reported from General Laws with substitute
Yes: 15 • No: 6
Senate vote • 2/10/2026
Read third time and passed Senate
Yes: 21 • No: 19
Senate vote • 2/9/2026
Senator Boysko Amendment agreed to
Yes: 0 • No: 0
Senate vote • 2/9/2026
Reading of amendment waived (Voice Vote)
Yes: 0 • No: 0
Senate vote • 2/6/2026
Constitutional reading dispensed Block Vote (on 1st reading)
Yes: 39 • No: 0
Senate vote • 2/6/2026
Passed by for the day Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 2/4/2026
Reported from General Laws and Technology
Yes: 9 • No: 6
Acts of Assembly Chapter text (CHAP0959)
Approved by Governor-Chapter 959 (effective 7/1/2026)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 10, 2026
Fiscal Impact Statement from Department of Planning and Budget (SB373)
Bill text as passed Senate and House (SB373ER)
Enrolled
Signed by President
Signed by Speaker
House substitute agreed to by Senate (21-Y 19-N 0-A)
Passed House with substitute (63-Y 34-N 0-A)
Engrossed by House - committee substitute
committee substitute agreed to
Read third time
Read second time
Fiscal Impact Statement from Department of Planning and Budget (SB373)
Committee substitute printed 26108192D-H1
House committee offered
Reported from General Laws with substitute (15-Y 6-N)
Read first time
Referred to Committee on General Laws
Placed on Calendar
Fiscal Impact Statement from Department of Planning and Budget (SB373)
Read third time and passed Senate (21-Y 19-N 0-A)
Floor offered
Chaptered
4/13/2026
Enrolled
3/2/2026
Substitute
2/19/2026
Amendment
2/9/2026
Engrossed
2/9/2026
Introduced
1/13/2026
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