Virginia renters can sue over unsafe conditions without paying rent up front

Virginia law lets a renter ask a judge to step in when a landlord won’t fix a serious problem. That covers things like no heat, no running water, no electricity, a sewage backup, rodents, or lead paint the landlord knows about. Before filing, either the tenant must have given the landlord written notice or an appropriate state or local agency must have sent the landlord a violation or condemnation notice. A delay of more than 30 days after the landlord receives notice is presumed unreasonable. The judge can then order repairs, lower the rent, or release the escrowed rent to pay for repairs.

Under the old rule, a tenant had to pay the rent into court before getting any of that help. Starting Jan. 1, 2027, that up-front requirement is gone. While the case is going on, you pay each month’s rent into a court escrow account within five days of its due date, unless the judge changes the amount. If a payment is late, the judge can’t throw out your case for that alone, though they can take it into account when deciding what to order. The landlord can still go to court for possession or for money owed.

Del. Rae Cousins, a Richmond Democrat, carried the bill. It passed the Senate 20–19 on a party-line vote, and the House agreed to the Senate’s changes 70–29. Gov. Abigail Spanberger signed it on May 14, 2026.