VirginiaSB3732026 Regular SessionSenateWALLET

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

Sponsored By: Jennifer B. Boysko (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.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 1 costs, 0 mixed.

Tenants can fight eviction over unsafe homes

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.

Landlords may pay tenant legal fees

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.

Tenants may owe landlord court costs

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.

Landlords can rebut and add owed rent

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.

Sponsors & Cosponsors

Sponsor

  • Jennifer B. Boysko

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

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

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0959)

    4/13/2026Governor
  2. Approved by Governor-Chapter 959 (effective 7/1/2026)

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

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB373)

    3/2/2026Senate
  6. Bill text as passed Senate and House (SB373ER)

    3/2/2026Senate
  7. Enrolled

    3/2/2026Senate
  8. Signed by President

    3/2/2026Senate
  9. Signed by Speaker

    3/2/2026House
  10. House substitute agreed to by Senate (21-Y 19-N 0-A)

    2/26/2026Senate
  11. Passed House with substitute (63-Y 34-N 0-A)

    2/24/2026House
  12. Engrossed by House - committee substitute

    2/24/2026House
  13. committee substitute agreed to

    2/24/2026House
  14. Read third time

    2/24/2026House
  15. Read second time

    2/23/2026House
  16. Fiscal Impact Statement from Department of Planning and Budget (SB373)

    2/20/2026Senate
  17. Committee substitute printed 26108192D-H1

    2/19/2026House
  18. House committee offered

    2/19/2026House
  19. Reported from General Laws with substitute (15-Y 6-N)

    2/19/2026House
  20. Read first time

    2/13/2026House
  21. Referred to Committee on General Laws

    2/13/2026House
  22. Placed on Calendar

    2/13/2026House
  23. Fiscal Impact Statement from Department of Planning and Budget (SB373)

    2/10/2026Senate
  24. Read third time and passed Senate (21-Y 19-N 0-A)

    2/10/2026Senate
  25. Floor offered

    2/9/2026Senate

Bill Text

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