A landlord in Virginia retaliates against a tenant by raising the rent significantly one week after the tenant filed a complaint with the local housing authority about substandard conditions. The tenant consults a licensed property manager about her rights. Under the Virginia Residential Landlord and Tenant Act, which statement best describes the tenant's legal position?
Correct Answer
A) The tenant may assert retaliatory conduct as a defense, and Virginia law creates a rebuttable presumption of retaliation if adverse action follows a protected tenant activity.
Under Va. Code § 55.1-1246, Virginia law prohibits retaliatory conduct by landlords against tenants who exercise their legal rights, such as filing a housing complaint. Importantly, Virginia creates a rebuttable presumption of retaliation when a landlord takes adverse action (such as a rent increase or eviction notice) within 90 days of a protected tenant activity. The burden then shifts to the landlord to show a legitimate, non-retaliatory reason for the action.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
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