Housing · Repair and Deduct
Repair and Deduct in Virginia
How much of the rent a tenant can spend on a repair and subtract in Virginia, how often, the notice required, and the alternative if the state has no statutory remedy. Cited to the statute.
How repair and deduct works in Virginia
The cost cap or the alternative remedy, the notice steps, and the limits that apply.
| How it works | What it means |
|---|---|
| The problem must be a covered serious condition | The remedy reaches conditions such as a fire hazard or a lack of heat, running water, light, electricity, sewage disposal, or a rodent infestation. Ordinary cosmetic issues are outside the section. |
| Give 14 days’ written notice first | The landlord has 14 days from receiving written notice to take reasonable steps to make the repair. Only after that window may the tenant contract for the work. |
| A licensed contractor must do the work | The statute counts only actual costs paid to a third-party contractor licensed by the Board for Contractors, or for rodents a licensed pest-control business. A tenant who does the job themselves or hires an unlicensed handyman recovers nothing. |
| Cap: greater of one month’s rent or $1,500 | The tenant may recover actual costs up to the greater of one month’s rent or $1,500. Because it is a greater-of formula, it favors the tenant, and the section states no annual or per-tenancy aggregate ceiling. |
| Limits and alternatives | What it means |
|---|---|
| Tenant fault or blocked access | There is no recovery where the condition was caused by the tenant, an authorized occupant, a guest, or an invitee, where the landlord was denied access, or where the landlord had already remedied the condition before the tenant contracted. |
| A nonprofit or city may hire the contractor for you | A local government or nonprofit may procure the contractor on the tenant’s behalf without affecting the right to deduct, and the definition of actual costs even includes work a contractor donated, as shown on the invoice. |
| A separate escrow route for bigger disputes | Va. Code §55.1-1244, the tenant’s assertion, is a distinct court-escrow remedy. Virginia carries both a capped repair-and-deduct and an escrow structure side by side. |
What you can do right now
Concrete, neutral steps if the landlord will not repair in Virginia. This is legal information, not legal advice.
- Put the problem in writing to the landlord
Send a dated written notice describing the covered condition and keep a copy. The 14-day clock runs from the landlord’s receipt of that notice.
- Wait 14 days, then hire a licensed contractor
If the landlord does not act within 14 days, hire a contractor licensed by the Board for Contractors. Doing the work yourself means you cannot recover the cost under this section.
- Keep the invoice and receipts
Give the landlord an itemized statement with receipts for purchased items and third-party contractor or pest-control services. Keep recovery within the greater of one month’s rent or $1,500.
- Ask legal aid about larger repairs
For repairs above the cap, use the tenant’s assertion escrow route in §55.1-1244. A Virginia legal-aid office or attorney can advise, and the resource below can point you to help.
Repair remedies have strict notice steps, and using the wrong one can put your tenancy at risk. This resource can connect you with a tenant hotline or a licensed attorney.
→ Virginia Legal AidThis is general legal information, not legal advice. Notice steps, caps, and local ordinances can change the answer, so confirm your situation with a tenant resource or a licensed attorney.
What Virginia tenants get wrong about repair and deduct
Virginia pairs one of the largest flat dollar allowances in the country with a rule that removes the cheapest way to use it. Under Va. Code §55.1-1244.1 a tenant can recover the actual cost of fixing a covered condition, such as no heat, no running water, a fire hazard, or a rodent infestation, up to the greater of one month’s rent or $1,500. Because it is a greater-of formula, it favors the tenant, and on the full section there is no yearly or per-tenancy ceiling. The catch is who holds the tools. Only a contractor licensed by the Board for Contractors, or for pests a licensed pest-control business, counts. A renter with a friend who is handy gets nothing, however reasonable the cost. Virginia is also the only state that writes charitable and municipal help into the formula, so a city or a nonprofit can hire the contractor for you and even a donated repair can count. Give 14 days’ written notice, use a licensed contractor, keep the invoice, and for anything bigger use the separate escrow route in §55.1-1244.
Common questions
Can I do the repair myself in Virginia?
No. The section counts only costs paid to a contractor licensed by the Board for Contractors, or a licensed pest-control business for rodents. Self-performed or unlicensed work is not recoverable under §55.1-1244.1.
Is my limit $1,500 or a month’s rent?
Whichever is greater. On a $1,200 rent the allowance is $1,500, and on a $2,000 rent it is $2,000. The greater-of formula works in the tenant’s favor.
Can I use this more than once in a year?
The section states no annual or per-tenancy aggregate cap, so the per-repair figure appears to renew. Each qualifying repair needs its own 14-day notice and licensed-contractor invoice.
What if a nonprofit paid for the repair?
A local government or nonprofit may procure the contractor for you without affecting your right to deduct, and even a donated repair can count as an actual cost when it appears on the invoice.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.