Cal. Civ. Code § 55.1-1258
(Effective until January 1, 2027) Retaliatory conduct prohibited.
Operative Text
A. Except as provided in this section or as otherwise provided by law, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by causing a termination of the rental agreement pursuant to § 55.1-1253 or 55.1-1410 after he has knowledge that (i) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety, (ii) the tenant has made a complaint to or filed an action against the landlord for a violation of any provision of this chapter, (iii) the tenant has organized or become a member of a tenant's organization, or (iv) the tenant has testified in a court proceeding against the landlord. However, the provisions of this subsection shall not be construed to prevent the landlord from increasing rent to that which is charged for similar market rentals nor decreasing services that apply equally to all tenants. B. If the landlord acts in violation of this section, the tenant is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action against him for possession. The burden of proving retaliatory intent shall be on the tenant. C. Notwithstanding subsections A and B, a landlord may terminate the rental agreement pursuant to § 55.1-1253 or 55.1-1410 and bring an action for possession if: 1. Violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, an authorized occupant, or a guest or invitee of the tenant; 2. The tenant is in default in rent; 3. Compliance with the applicable building or housing code requires alteration, remodeling, or demolition that would effectively deprive the tenant of use of the dwelling unit; or 4. The tenant is in default of a provision of the rental agreement materially affecting the health and safety of himself or others. The maintenance of the action provided in this section does not release the landlord from liability under § 55.1-1226 . D. The landlord may also terminate the rental agreement pursuant to § 55.1-1253 or 55.1-1410 for any other reason not prohibited by law unless the court finds that the reason for the termination was retaliation.
Virginia Code § 55.1-1258 prohibits landlords from retaliating against tenants who exercise certain protected activities, such as reporting housing code violations to a government agency, filing complaints or legal actions against a landlord, joining a tenant organization, or testifying in court against a landlord. Retaliation is defined to include raising rent, reducing services, or initiating or threatening eviction proceedings. The law does carve out exceptions, including situations where the tenant caused the code violation, is behind on rent, or has otherwise materially breached the lease.
Plain English — not legal advice.
Under Va. Code § 55.1-1258, compliant property operators are careful to ensure that any rent increases, service reductions, or eviction actions are grounded in legitimate, documented business reasons—such as market-rate adjustments applied uniformly to all tenants or a tenant's failure to pay rent—rather than in response to a tenant's protected activity. Operators generally maintain records that clearly establish the timeline and rationale for any adverse action, so that the basis for the action is distinguishable from any tenant complaint or protected conduct. Landlords should also be aware that the statute's exceptions, such as tenant-caused code violations or material lease breaches, must be substantiated to be relied upon as a defense.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1258 gives tenants in Virginia the right to report housing code violations, join tenant organizations, file complaints, or testify against a landlord without facing rent hikes, service cuts, or eviction threats as punishment. If a landlord takes one of those adverse actions after a tenant engages in protected activity, the tenant may be entitled to actual damages and can raise retaliation as a defense in an eviction proceeding, though the burden of proving retaliatory intent falls on the tenant. Tenants who believe they are experiencing retaliation may consider contacting a local tenant-rights organization, reaching out to the relevant government housing or code enforcement agency, or consulting with a licensed Virginia attorney to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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