QUESTION

Can a tenant win an eviction Case

Asked on Jul 18th, 2025 on Landlord and Tenant Law - Virginia
More details to this question:
My tenant is complaining about drugs found at the property, discrimination, not dwelling permit.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
It would be impossible to answer this question without more information, such as what the grounds for eviction are.  The short answer is that yes Tenants can win eviction cases, but probably not for the reasons you state.  If they are being evicted for non-payment of rent and you have followed all of the proper notice requirements, then it is unlikely that these issues would stop an eviction.  They would have had to escrow the rent pursuant to Virginia Code 55.1-1244 or they can make repairs and deduct from the rent with proper notice given pursuant to section 55.1-1244.1.  Otherwise the rent pretty much has to be paid, unless the place has burned down or something else that would constitute a constructive eviction.  If they have paid rent and you are evicting them for some other reason then it is much harder.   
Answered on Jul 20th, 2025 at 9:04 AM

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