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Bill

HB 281

Va. Residential Landlord and Tenant Act; defense to action for possessions for nonpayment of rent.

2026 Regular Session Introduced by Katrina Callsen and 3 co-sponsors

HB 281 adds legal defenses to eviction for nonpayment of rent in Virginia, potentially protecting tenants facing dispossession while affecting landlords' ability to recover unpaid rent and properties.

Governor's recommendation received by House
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WeVote Research Nonpartisan
Bill Summary · HB 281

Legislative bill overview

HB 281 modifies Virginia's Residential Landlord and Tenant Act by creating a legal defense to eviction proceedings for nonpayment of rent. The bill establishes conditions under which tenants can defend against possession actions, likely by demonstrating good-faith efforts to pay or presenting mitigating circumstances. The measure passed the House with bipartisan support (64-34) before being referred to the Housing subcommittee for further review.

Why is this important

Eviction for nonpayment of rent is one of the most common housing-related legal actions affecting vulnerable populations. This bill directly impacts the balance of power between landlords and tenants during payment disputes, potentially reducing homelessness and housing instability while affecting landlord property rights and rental market dynamics. The fiscal impact statement suggests measurable financial consequences for implementation.

Potential points of contention

  • Scope of the defense: Unclear whether the defense applies narrowly (e.g., only during emergencies) or broadly (e.g., any financial hardship), which affects how frequently landlords can recover possession
  • Landlord economic impact: Property owners, particularly small landlords dependent on rental income, may face extended vacancy periods and legal costs if eviction proceedings are delayed or dismissed
  • Definition of compliance: What constitutes meeting the bill's conditions (payment plans, documentation requirements, timelines) and who verifies compliance could create administrative burden and disputes

Compiled from official sources — confirm details with the bill’s official record.

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