If you are a resident of public or subsidized housing or Low Income Housing Tax Credit properties, you may have extra rights. We recommend you immediately contact your local legal aid for the best advice on your specific situation.
Discrimination
Under Virginia law, landlords may not take action against tenants (including refusing to renew a lease) because of race, color, religion, national origin, sex, elderliness, familial status (having children), military status, source of funds (with some exceptions), sexual orientation, gender identity, or disability. (Va. Code § 36-96.3.)
Some Examples
- A landlord with more than four rental units may not terminate a lease (even a month-to-month one) because the tenant participated in the Virginia Rent Relief Program or received rental assistance from any other source. That would be discrimination based on “source of funds.”
- A landlord may not refuse to renew a lease because the tenant has a new baby (assuming they are not violating local occupancy ordinances). That would be discrimination based on familial status.
- A landlord may not simply refuse to renew a lease because the tenant needs a therapy pet for their disability. That would be discrimination based on disability.
Retaliation
Virginia law gives tenants limited protections against retaliation by a landlord. A landlord may not terminate a tenant’s lease (or otherwise reduce services or raise rent) in retaliation for the tenant doing one of the following things, once the landlord knows about it:
- Filing a complaint with the health department, building department, or code enforcement about health and safety issues at the property;
- Organizing or joining a tenants’ organization;
- Filing a complaint or a lawsuit against the landlord for violating the Virginia Residential Landlord and Tenant Act; or
- Testifying against the landlord in court.
But even if you have done one of those things and the landlord knows, they can still evict you based on unpaid rent if you fall behind. (Va. Code § 55.1-1258.)
How to Argue Retaliation or Discrimination as a Defense to Eviction
It can be hard to prove that a landlord’s actions are based on illegal discrimination or retaliation. We strongly encourage tenants to get advice on the issue from legal aid or the Virginia Fair Housing Office (for discrimination).
These defenses to eviction need to be evaluated and used as early in the eviction process as possible: when the case is first in court. After a court has given the landlord a judgment for possession, then unless you can appeal the case to Circuit Court, it is probably too late to ask the judge to stop the eviction because of retaliation or discrimination. But you should definitely try to get advice from legal aid or the Virginia Fair Housing Office, wherever you are in the eviction process.
If you have to go to court alone and you have evidence your landlord discriminated or retaliated, you can ask the judge to dismiss the case or give you a chance to show your evidence at trial.
Going to Court without a Lawyer
If you cannot get help from your local legal aid office but you want to fight the eviction, you should go to the first court date and tell the judge that you dispute the landlord’s claim and you want a trial. At the same time you can ask the judge for “pleadings” that will help you prepare your arguments and evidence for the trial.
If the judge schedules a trial, it means you will come back and present more arguments and evidence for the judge to consider. If the judge orders pleadings, it means the landlord will have to give you and the court a written explanation of why the landlord should win the case, and then you will have to give the court and the landlord a written explanation of why the landlord should not win the case. That gives you a better chance to make good arguments that show the landlord is wrong.
For more legal information about landlord-tenant issues, try these resources.