Sued for back rent over an unsafe home? You can fight it without paying first

If your Virginia landlord takes you to court for unpaid rent, you can defend yourself by showing that the home has a serious problem the landlord wouldn’t fix. That includes no heat, running water, electricity, or working sewage; a fire hazard; or a rodent infestation. You must have told the landlord, or a government inspector must have cited the problem. If the landlord waited more than 30 days after notice, the law presumes the delay was unreasonable.

Before July 2026, renters still living in the home had to pay all the rent the court found due into court before raising this defense. For people already behind, that often put the defense out of reach. That requirement is gone. If you win, the judge can lower your rent, order repairs, or end your lease if you ask. A separate rule applies if you ask to delay the case or set a contested trial: At the landlord’s request, the judge can require escrow only if the judge finds that you have not raised a good-faith defense. You can be charged the landlord’s reasonable costs if you caused the problem, unreasonably refused repair access, or raised the defense in bad faith.

Del. Katrina Callsen carried HB 281, and Sen. Jennifer Boysko carried the matching SB 373. Gov. Abigail Spanberger signed SB 373 on April 13. HB 281 originally would have started January 1, 2027, but Spanberger recommended removing that delay; lawmakers accepted her recommendation April 22. Both chapters took effect July 1. SB 373’s final Senate vote was 21–19; the Senate accepted Spanberger’s change to HB 281 by 21–18.