Virginia Landlord Repair Laws: Rent Escrow and 14-Day Repairs

By Steve Levine · Updated November 3, 2026

Short answer: Virginia landlord repair laws send serious repair disputes to court through a “tenant’s assertion,” where you pay rent into a court escrow account instead of to the landlord under Va. Code § 55.1-1244, and a delay of more than 30 days after notice is presumed unreasonable. For conditions such as rodents or no heat, § 55.1-1244.1 also lets you hire a licensed contractor after 14 days and deduct up to the greater of one month’s rent or $1,500.

The Virginia Residential Landlord and Tenant Act (VRLTA) gives tenants three distinct repair tools, each with its own trigger. Two of the relevant sections change on January 1, 2027, so this guide flags what applies now and what applies after that date.

Virginia landlord repair laws: the key numbers

Rule	Virginia	Statute
Landlord’s duties	Codes, fit and habitable, common areas, systems including air conditioning, mold prevention	§ 55.1-1220
Repair by licensed contractor	14 days after written notice; cap is greater of one month’s rent or $1,500	§ 55.1-1244.1
Rent escrow	Tenant’s assertion in general district court; delay over 30 days presumed unreasonable; rent paid in within 5 days of due date	§ 55.1-1244
Termination for breach	21 days to remedy; lease ends no sooner than 30 days after notice	§ 55.1-1234
Retaliation	Barred after code complaints and other protected acts; no presumption period	§ 55.1-1258
Entry for maintenance	72 hours’ notice for routine maintenance you did not request	§ 55.1-1229

What a Virginia landlord must maintain

Section 55.1-1220(A) lists eight duties. The landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises fit and habitable, keep shared common areas clean and structurally safe, and keep electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other supplied facilities and appliances, including elevators, in good and safe working order.

The landlord must also provide garbage receptacles and removal, supply running water and reasonable hot water at all times, provide reasonable air conditioning if it is provided and heat in season, and give you a smoke alarm certificate no more than once every 12 months. The heat, hot water and air conditioning duty does not apply where those are generated by equipment in your exclusive control or supplied by a direct public utility connection.

Under § 55.1-1220(D), you and the landlord may agree in writing that you will handle common areas, garbage, and the heat and water items, plus specific repairs, but only in good faith and not to evade the landlord’s obligations.

Mold has its own rules in Virginia

Virginia is unusually specific about mold. Section 55.1-1220(A)(5) requires the landlord to keep the premises from accumulating moisture and growing mold and to respond promptly to your notices. Where mold is visible, the landlord must promptly remediate it, reinspect to confirm no visible mold remains, and give you a summary of the remediation, with the full report available on request.

You have a matching duty. Under § 55.1-1227(A)(10), you must use reasonable efforts to prevent moisture and mold and promptly tell the landlord about moisture buildup or visible mold. If a repair requires you to move out temporarily, § 55.1-1229(B) lets the landlord require relocation for up to 30 days, on 30 days’ written notice, to a comparable unit or hotel at no cost to you; rent continues during that period.

Option one: hire a licensed contractor and deduct

Under § 55.1-1244.1(B), this remedy covers a material noncompliance with the lease or the law, or a condition that will become a fire hazard or serious threat to life, health or safety if not promptly corrected. The statute names rodent infestations and a lack of heat, hot or cold running water, light, electricity or adequate sewage disposal as examples. After your written notice, the landlord must take reasonable steps toward the repair within 14 days of receiving it.

If the landlord does not, subsection (C) lets you hire a contractor licensed by the Board for Contractors, or for rodents a licensed pesticide business. You may recover the actual invoiced cost, up to the greater of one month’s rent or $1,500, and deduct it from rent after giving the landlord an itemized statement with receipts. A local government or nonprofit may arrange the contractor for you without affecting your right to the deduction.

The remedy is not available if you, an occupant or a guest caused the condition, if the landlord could not fix it because you denied access, or if the landlord already fixed it before you hired someone, per subsection (E).

Option two: the tenant’s assertion and rent escrow

Section 55.1-1244 covers the same kinds of serious conditions and adds lead paint the landlord knows about. You file a declaration in the general district court where the unit is located. Before granting relief, the court must find that the landlord refused or failed to fix the condition after your written notice or after a state or local violation or condemnation notice. A delay of more than 30 days after the landlord received notice is presumed unreasonable.

Through December 31, 2026, you must also show you paid the full lease rent into court within five days of each due date. From January 1, 2027, under 2026 Acts c. 1118, you pay rent that comes due during the case into the escrow account within five days of the due date, but you do not have to pay outstanding back rent, late fees or other charges in order to file. A missed escrow payment is no longer grounds for dismissal, though the landlord may still pursue possession for nonpayment.

The court can abate rent, keep the escrow running until repairs are done, release money to a contractor, end the lease, or refer the matter to an inspector. If the condition is not fixed within six months of the escrow starting and the landlord has made no reasonable attempt, the court must award the accumulated money to you. The first hearing must be held within 15 calendar days of service, sooner for emergencies such as no heat in winter. Filing an assertion bars using other remedies in that article for the same breach.

Option three: end the lease

For a material noncompliance affecting health and safety, § 55.1-1234 lets you serve written notice that the lease will end on a date at least 30 days after the landlord receives it unless the breach is fixed within 21 days. A breach that cannot be fixed allows a straight 30-day notice. You may also recover damages and seek an injunction, and you are entitled to reasonable attorney fees unless the landlord proves its actions were reasonable.

Damage you are responsible for

Under § 55.1-1227(A), you must keep your unit clean and safe and free from insects and pests (and report them promptly), use appliances and systems reasonably, keep tenant-paid utilities on, and never deliberately or negligently damage the premises or tamper with smoke or carbon monoxide alarms. If a pre-1978 unit came with lead paint disclosures, you may not disturb painted surfaces without written approval. If an inspection reveals tenant-caused damage affecting health and safety, § 55.1-1229(A)(2) lets the landlord repair it and invoice you.

Under § 55.1-1229, you may not unreasonably refuse entry for repairs, and the landlord must give 72 hours’ notice for routine maintenance you did not request. No notice is needed when you asked for the repair.

Retaliation after a repair complaint

Under the current § 55.1-1258, once a landlord knows you complained to a code agency about a health or safety violation, complained to or sued the landlord under the VRLTA, joined a tenant organization, or testified against the landlord, it may not raise rent, cut services, threaten or bring a possession action, or end a periodic tenancy in retaliation. Virginia sets no presumption window, and the current text places the burden of proving retaliatory intent on you.

The version effective January 1, 2027 (2026 Acts c. 1111) adds complaints to news media and fair housing complaints to the protected list, bars harassment and selective rule enforcement, covers non-renewal of voucher holders, and drops the sentence that put the burden of proof on the tenant. Our retaliation guide covers how to document it.

Worked example: rats and a roof leak in Norfolk

Tamika pays $1,450 a month. On September 8 she hands her property manager a written notice describing a rat infestation and a ceiling leak. By September 22, 14 days later, nobody has come. She hires a licensed pest control company, pays the $380 invoice, and sends the landlord an itemized statement with the receipt before deducting $380 from October rent. Her cap was $1,500, the greater of that figure or her rent.

The leak is still unrepaired on October 9, more than 30 days after notice, so delay is presumed unreasonable. She files a tenant’s assertion in Norfolk General District Court and pays November rent into the court escrow account by November 6, within five days of the due date.

What to put in a Virginia repair notice

The date, your name and unit, and a clear description of each condition.
Whether it involves heat, water, electricity, sewage, rodents or mold, since those trigger the faster remedies.
A statement that you are giving written notice under § 55.1-1244.1 and § 55.1-1244.
Your contact information for scheduling access.
Proof of delivery, such as a signed copy or tracked mail.

Our repair request letter generator fills in these elements for you.

Frequently Asked Questions

Can I just stop paying rent in Virginia until repairs are made?

No. Rent withheld outside the escrow process is simply unpaid rent. The lawful route is a tenant’s assertion under § 55.1-1244, with rent paid into court within five days of each due date.

Can I fix the problem myself and deduct the cost?

Not under § 55.1-1244.1. “Actual costs” means the amount paid on an invoice to a third-party licensed contractor or licensed pesticide business, so do-it-yourself work does not qualify.

Does the January 2027 change help if I am already behind on rent?

Yes. Under the version of § 55.1-1244 effective January 1, 2027, you need not pay outstanding rent, late charges or fees to file an assertion, though rent coming due during the case still goes into escrow.

Who pays for a hotel if mold remediation forces me out?

For a nonemergency condition, § 55.1-1229(B) requires the landlord to provide a comparable unit or hotel at no cost to you for up to 30 days, and to pay the repair costs. Your rent obligation continues.

This is general information, not legal advice. For help filing an assertion, contact legal aid through VirginiaLawHelp.org or LSC’s legal help page, and ask the general district court clerk how to file a tenant’s assertion. Compare deposit rules in our Virginia security deposit guide, or see other states in the repairs and habitability hub.

Sources

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