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Tenant Repair Laws in Virginia

In Virginia, a tenant may hire a licensed contractor and deduct up to the greater of one month's rent or $1,500 if the landlord does not act within 14 days of written notice, and may pay rent into a court escrow.

Last checked . General information, not legal advice.

Virginia at a glance

Repair and deduct
Yes, up to one month's rent or $1,500
The cap is whichever is greater. Work must be done by a licensed contractor or licensed pest business, and the tenant gives an itemized statement with receipts.
Rent withholding
Court rent escrow
Tenant files an assertion in general district court and pays rent into court within five days of each due date; over 30 days is presumed an unreasonable delay.
Landlord repair deadline
14 days after written notice
For repair by tenant. For a rent escrow case, a delay over 30 days is presumed unreasonable.

Sources

Last checked

The rules in Virginia

Can a tenant repair and deduct the cost from rent in Virginia?

Yes, up to one month's rent or $1,500. Repair and deduct in Virginia: yes, up to one month's rent or $1,500. The cap is whichever is greater. Work must be done by a licensed contractor or licensed pest business, and the tenant gives an itemized statement with receipts.

Can a tenant withhold rent or pay it into escrow for repairs in Virginia?

Court rent escrow. Rent withholding in Virginia: court rent escrow. Tenant files an assertion in general district court and pays rent into court within five days of each due date; over 30 days is presumed an unreasonable delay.

How long does a landlord have to make repairs after notice in Virginia?

Landlord repair deadline in Virginia: 14 days after written notice. For repair by tenant. For a rent escrow case, a delay over 30 days is presumed unreasonable.

Where do the Virginia tenant repair laws come from?

The rules above come from Va. Code 55.1-1244.1 and Va. Code 55.1-1244. Each source is linked on this page. We last checked them in October 2026.

Good to know

A version of Va. Code 55.1-1244 effective January 1, 2027 (2026 Acts ch. 1118) says the tenant need not pay outstanding rent or other charges to file a rent escrow assertion; rent that comes due during the case still goes into court escrow.

What this means in practice

Give notice in writing and keep a copy. Tenant repair remedies usually start running only after the landlord has received notice of the problem, and a dated letter or email is the easiest way to prove when that happened.

Document the condition before and after. Photos, videos, inspection reports from a local code office and receipts for any repair work help show that the problem was serious and that any amount deducted or withheld matches the actual cost.

Stay current on everything else. Repair remedies generally protect only tenants who are not otherwise behind on rent and who did not cause the damage, and using a remedy the state does not allow can be treated as nonpayment of rent and lead to an eviction case.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.