Virginia landlords must keep a rental fit and habitable. Under Va. Code §55.1-1220, that means following building and housing codes, keeping the electrical, plumbing, and heating systems (plus any air conditioning and appliances you supply) in good working order, providing running water, hot water, and heat in season, and preventing and fixing mold. If a serious problem isn’t addressed within 14 days of the tenant’s written notice, the tenant can hire a licensed contractor and deduct the cost, up to the greater of one month’s rent or $1,500.
I’m Joe, and my family runs We Buy Homes In Richmond. I’ve been in Richmond real estate since 2010. This guide is for single-family landlords and points to the statutes behind each rule.
Virginia repair rules at a glance
- You must keep the home fit, habitable, and up to code.
- Serious problems not addressed within 14 days of written notice can trigger repair-and-deduct.
- A tenant can file a tenant’s assertion and pay rent into court instead of to you.
- Outside those legal remedies, tenants can’t simply withhold rent.
- Tenants pay for damage they, their household, or guests cause.
- Routine maintenance entry needs 72 hours’ notice.
What Virginia landlords are required to repair
Code compliance and habitability
Comply with building and housing codes, and make all repairs needed to keep the unit fit and habitable.
Systems and appliances you supply
You must keep the electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems in good, safe working order, along with any appliances you provide.
Water, hot water, and heat
The tenant is entitled to running water, reasonable amounts of hot water, and heat in season, plus air conditioning if you supplied it.
Mold
The statute requires you to maintain the unit in a way that prevents moisture buildup and mold growth, and to remediate visible mold. Follow professional standards when you do, and check back afterward to confirm it worked.
Smoke alarm certificate
You give the tenant a certificate that the smoke alarms are present and working, but no more than once every 12 months.
What you can put on the tenant in writing
Section 55.1-1220 lets a landlord and tenant agree in writing that the tenant handles certain jobs, such as trash removal, some utilities, or specified repairs. It has to be done in good faith.
What tenants are responsible for
| Landlord (§55.1-1220) | Tenant (§55.1-1227) |
|---|---|
| Follow building and housing codes | Follow the codes that apply to tenants |
| Make repairs to keep the home habitable | Keep the unit clean and safe |
| Maintain systems and supplied appliances | Use systems and appliances reasonably |
| Prevent moisture and fix visible mold | Tell the landlord about moisture or mold |
| Provide water, hot water, and heat | Not damage the unit or let guests do so |
If a tenant, household member, or guest damages the house, §55.1-1248 lets you send written notice, make the repair, and bill the itemized cost as rent. What you can’t do is charge routine repair fees. Section 55.1-1208 says that unless the tenant’s own violation made it necessary, “no landlord shall require a tenant to pay any fee for the maintenance or repair of any dwelling unit.”
How fast does a Virginia landlord have to make repairs?
| Rule | Number | Statute |
|---|---|---|
| Repair-and-deduct trigger | 14 days after written notice | §55.1-1244.1 |
| Repair-and-deduct cap | Greater of 1 month’s rent or $1,500 | §55.1-1244.1 |
| Tenant ends lease, unsafe at move-in | Notice within 7 days; refund by the 15th business day | §55.1-1234.1 |
| Lockout or cut-off essential service | Initial hearing within 5 calendar days | §55.1-1243.1 |
| Routine maintenance entry | 72 hours’ notice | §55.1-1229 |
| Tenant’s assertion: must the tenant be current on rent? | Yes through Dec 31, 2026; no from Jan 1, 2027 | §55.1-1244 |
14 days: repair-and-deduct
Under §55.1-1244.1, if you haven’t taken reasonable steps within 14 days of the tenant’s written notice about a serious condition, the tenant may have a licensed contractor fix it and deduct the actual cost from rent, “not exceeding the greater of one month’s rent or $1,500.” It doesn’t apply if the tenant caused the problem, denied you access, or you already fixed it.
Tenant’s assertion and rent escrow, and the January 1, 2027 change
Tenant’s assertion: a court filing where a tenant pays rent into the court’s escrow and asks a judge to order repairs, instead of paying the landlord directly.
Today, a tenant has to be current on rent to file one. Starting January 1, 2027, under 2026 Acts chapter 1118, that requirement goes away. The DHCD’s Statement of Tenant Rights and Responsibilities (July 1, 2026) confirms the change.
Noncompliance notice and lease termination
Section 55.1-1234 lets a tenant serve a written notice of a material noncompliance and end the lease if it isn’t fixed in the time the statute allows. Separately, under §55.1-1241, a tenant can raise your failure to repair as a defense if you sue for possession or rent.
Move-in problems: the 7-day rule
Under §55.1-1234.1, if a condition existing at the start of the tenancy is a fire hazard or a serious threat to life, health, or safety, such as a rodent infestation or no heat, running water, electricity, or adequate sewage, the tenant can give written notice within 7 days of the move-in date to end the lease. You’d owe a full refund by the 15th business day after the later of the notice or move-out.
Lockouts and loss of essential services
If a landlord locks a tenant out, cuts off an essential service, or makes the home unsafe, §55.1-1243.1 sets an initial hearing within 5 calendar days, and a tenant who wins can recover actual damages plus the greater of $5,000 or 4 months’ rent, plus attorney fees.
Entering the rental to make repairs
Section 55.1-1229 lets you enter at reasonable times. For routine maintenance the tenant didn’t ask for, give at least 72 hours’ notice unless that’s impractical. In an emergency, you can enter without the tenant’s consent.
A simple repair process for small landlords
My own advice, not law:
- Give tenants one written way to send repair requests, such as email or a portal.
- Log when each request arrives.
- Sort it: emergency (no heat, active leak, no water) or routine.
- Use licensed contractors, keep invoices, and take before-and-after photos.
- Follow up with the tenant in writing when it’s done.
See our guides to tenant screening in Virginia and how much rent to charge. If you take voucher tenants, the housing authority inspects too; our post on Section 8 inspections in Richmond covers that.
When repairs outrun the rent
Sometimes a rental needs more work than it can earn back. Here’s what an empty rental costs per day. If the numbers don’t work, you can sell as-is. We pay cash for rental houses in any condition. You won’t pay commissions or fees, I cover closing costs, and closing takes about a week or happens on your schedule. Fill out our short offer form, or call us at (804) 293-0208 between 7 AM and 7 PM, and you’ll hear back from me within 3 hours.
Frequently asked questions
What repairs is a landlord responsible for in Virginia?
Anything needed to keep the rental fit, habitable, and up to code. That includes electrical, plumbing, heating, and any air conditioning and appliances the landlord supplies, plus running and hot water, heat in season, and mold remediation. Tenants pay for damage they, their household, or guests cause.
How long does a landlord have to make repairs in Virginia?
For serious problems, a tenant can hire a licensed contractor if the landlord hasn’t taken reasonable steps within 14 days of written notice. Emergencies should be handled right away.
Can a tenant withhold rent for repairs in Virginia?
Generally no. A tenant can use repair-and-deduct after 14 days or file a tenant’s assertion and pay rent into court escrow, but simply withholding rent isn’t allowed. Starting January 1, 2027, a tenant won’t have to be current on rent to file a tenant’s assertion.
What is repair and deduct in Virginia?
If the landlord doesn’t take reasonable steps within 14 days after written notice of a serious condition, the tenant can hire a licensed contractor and deduct the actual cost from rent, up to the greater of one month’s rent or $1,500. It doesn’t apply if the tenant caused the problem or denied access.
How much notice does a Virginia landlord need to give before entering for repairs?
At least 72 hours for routine maintenance the tenant didn’t request, unless that’s impractical. Entry must be at reasonable times, and in an emergency the landlord may enter without consent.
Can a landlord charge the tenant for repairs?
Only for damage the tenant, an occupant, or a guest caused. The landlord sends written notice, makes the repair, and can bill the itemized cost as rent; ordinary repair fees aren’t allowed.
This article is general information, not legal advice. Virginia landlord-tenant law changes often; check the current Code of Virginia or talk to a Virginia attorney about your situation. Tenants can reach Virginia legal aid at (866) 534-5243.