VirginiaSB3732026 Regular SessionSenateWALLET

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

Sponsored By: Jennifer B. Boysko (Democratic)

Signed by Governor

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

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Renters gain eviction defenses without court deposits

Virginia renters can raise unsafe housing conditions as a defense against rent claims or eviction for unpaid rent. Qualifying problems include fire hazards, serious safety threats, or a landlord’s major failure to follow the lease or law. Examples include missing heat, water, light, electricity, or adequate sewage disposal, and rodent infestations. Before the case begins, the landlord must have refused repairs or failed to fix the problem after notice and a reasonable opportunity. Notice can come from the tenant or an appropriate government agency. A delay beyond 30 days after receiving notice is presumed unreasonable, but the landlord can challenge that finding. Renters still living in the home no longer must deposit the rent found due with the court to assert this defense.

Renters keep repair orders but lose options

Courts must make factual findings on the defense and can reduce rent to reflect the housing problem. They can order repairs for conditions caused by a landlord’s major failure to follow the lease or law. The law removes listed options for ordering renters to surrender the home or delaying cases for agency investigations while holding rent. Landlords can challenge the defense by showing the problem is absent, fixed, caused by tenants or their family or guests, or that tenants unreasonably blocked repair access. Courts can charge renters reasonable landlord costs, including court and repair costs, for bad-faith defenses, tenant-caused violations, or unreasonable refusal of access. Renters who win using the defense can receive court-awarded costs and attorney fees. Landlords retain the right to update their claim at trial to include all amounts owed, including ongoing rent.

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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