What can I do if my landlord won't fix uninhabitable conditions in Virginia?

1. Implied Warranty of Habitability — Codified in the Virginia Residential Landlord and Tenant Act (VRLTA), Va. Code § 55.1-1220, requiring landlords to comply with building/housing codes affecting health and safety and to make all repairs necessary to keep the premises fit and habitable.

2. What Counts as Uninhabitable — § 55.1-1220(A): compliance with codes; clean common areas; maintain electrical/plumbing/sanitary/heating/ventilating/air-conditioning; running water and reasonable heat (October 1 to May 15); functioning smoke alarms.

3. Tenant Notice to Landlord — § 55.1-1244 requires written notice specifying acts/omissions and stating that the rental agreement will terminate in 30 days if not cured within 21 days.

4. Repair-and-Deduct — § 55.1-1244.1 allows tenant repair-and-deduct up to the greater of $1,500 or one month's rent for code violations after notice and a licensed contractor's bill.

5. Rent Withholding / Escrow — § 55.1-1244 permits tenant to file a Tenant's Assertion in General District Court and pay rent into court escrow pending resolution.

6. Constructive Eviction — § 55.1-1244 allows termination if landlord fails to cure within 21 days; tenant recovers prorated rent and damages.

7. Affirmative Defense to Eviction — Habitability breach asserted via Tenant's Assertion is a defense and counterclaim in unlawful detainer.

8. Damages & Penalties — § 55.1-1245 authorizes actual damages, injunctive relief, attorney fees, and termination. § 55.1-1244 permits rent abatement based on court findings.

9. Retaliation Protection — § 55.1-1258 prohibits retaliation; landlord may not increase rent, decrease services, or pursue eviction in response to complaints or assertion of rights. Tenant may recover actual damages and reasonable attorney fees.

This is legal information, not legal advice.