Code of Virginia - Title 55 Property And Conveyances - Chapter 13.2 Virginia Residential Landlord And Tenant Act

  • 55-248.2 Short title
    This chapter may be cited as the "Virginia Residential Landlord and Tenant Act." (1974, c. 680.) ...
  • 55-248.3 Purposes of chapter
    The purposes of this chapter are to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations ...
  • 55-248.3:1 Applicability of chapter
    This chapter shall apply to all rental agreements entered into on or after July 1, 1974, which are not exempted pursuant to § 55-248.5, and ...
  • 55-248.4 Definitions
    When used in this chapter, unless expressly stated otherwise: "Action" means recoupment, counterclaim, set off, or other civil suit and any other proceeding in which ...
  • 55-248.5 Exemptions; exception to exemption
    A. Except as specifically made applicable by § 55-248.21:1, the following conditions are not governed by this chapter: 1. Residence at a public or private ...
  • 55-248.6 Notice
    A. As used in this chapter: "Notice" means notice given in writing by either regular mail or hand delivery, with the sender retaining sufficient proof ...
  • 55-248.6:1 Application fees
    Any landlord may require an application fee and a separate application deposit. If the applicant fails to rent the unit for which application was made, ...
  • 55-248.7 Terms and conditions of rental agreement; copy for tenant
    A. A landlord and tenant may include in a rental agreement, terms and conditions not prohibited by this chapter or other rule of law, including ...
  • 55-248.7:1 Prepaid rent; maintenance of escrow account
    A tenant may offer and a landlord may accept prepaid rent. If a landlord receives prepaid rent, it shall be placed in an escrow account ...
  • 55-248.7:2 Landlord may obtain certain insurance for tenant
    A. Damage Insurance. A landlord may require as a condition of tenancy that a tenant pay for the cost of premiums for commercial insurance coverage, ...
  • 55-248.8 Effect of unsigned or undelivered rental agreement
    If the landlord does not sign and deliver a written rental agreement signed and delivered to him by the tenant, acceptance of rent without reservation ...
  • 55-248.9 Prohibited provisions in rental agreements
    A. A rental agreement shall not contain provisions that the tenant: 1. Agrees to waive or forego rights or remedies under this chapter; 2. Agrees ...
  • 55-248.9:1 Confidentiality of tenant records
    A. No landlord or managing agent shall release information about a tenant or prospective tenant in the possession of the landlord to a third party ...
  • 55-248.10 Description unavailable
    Repealed by Acts 2000, c. 760, cl. 2. ...
  • 55-248.10:1 Landlord and tenant remedies for abuse of access
    If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, ...
  • 55-248.11 Description unavailable
    Repealed by Acts 2000, c. 760, cl. 2. ...
  • 55-248.11:1 Inspection of premises
    The landlord shall, within five days after occupancy of a dwelling unit, submit a written report to the tenant, for his safekeeping, itemizing damages to ...
  • 55-248.11:2 Disclosure of mold in dwelling units
    As part of the written report of the move-in inspection required by § 55-248.11:1, the landlord shall disclose whether there is any visible evidence of ...
  • 55-248.12 Disclosure
    A. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or ...
  • 55-248.12:1 Required disclosures for properties located adjacent to a military air installation; remedy for non...
    A. Notwithstanding the provisions of subdivision A 10 of § 55-248.5, the landlord of property in any locality in which a military air installation is ...
  • 55-248.13 Landlord to maintain fit premises
    A. The landlord shall: 1. Comply with the requirements of applicable building and housing codes materially affecting health and safety; 2. Make all repairs and ...
  • 55-248.13:1 Landlord to provide locks and peepholes
    The governing body of any county, city or town may require by ordinance that any landlord who rents five or more dwelling units in any ...
  • 55-248.13:2 Access of tenant to cable, satellite and other television facilities
    No landlord shall demand or accept payment of any fee, charge or other thing of value from any provider of cable television service, cable modem ...
  • 55-248.13:3 Notice to tenants for pesticide use
    A. The landlord shall give written notice to the tenant no less than forty-eight hours prior to his application of a pesticide in the tenant's ...
  • 55-248.14 Limitation of liability
    Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a ...
  • 55-248.15 Tenancy at will; effect of notice of change of terms or provisions of tenancy
    A notice of any change by a landlord or tenant in any terms or provisions of a tenancy at will shall constitute a notice to ...
  • 55-248.15:1 Security deposits
    A. A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent. ...
  • 55-248.15:2 Schedule of interest rates on security deposits
    A. The interest rate established by § 55-248.15:1 varies annually with the annual rate being equal to four percentage points below the Federal Reserve Board ...
  • 55-248.16 Tenant to maintain dwelling unit
    A. In addition to the provisions of the rental agreement, the tenant shall: 1. Comply with all obligations primarily imposed upon tenants by applicable provisions ...
  • 55-248.17 Rules and regulations
    A. A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenants' use and occupancy of the premises. Any such ...
  • 55-248.18 Access; consent; correction of nonemergency conditions; relocation of tenant
    A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary ...
  • 55-248.18:1 Access following entry of certain court orders.
    A. A tenant who has obtained an order from a court of competent jurisdiction pursuant to § 16.1-279.1 or subsection B of § 20-103 granting ...
  • 55-248.18:2 Relocation of tenant where mold remediation needs to be performed in the dwelling unit.
    Where a mold condition in the dwelling unit materially affects the health or safety of any tenant or authorized occupant, the landlord may require the ...
  • 55-248.19 Use and occupancy by tenant
    Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a residence. (1974, c. 680; 2000, c. 760.) ...
  • 55-248.20 Tenant to surrender possession of dwelling unit
    At the termination of the term of tenancy, whether by expiration of the rental agreement or by reason of default by the tenant, the tenant ...
  • 55-248.21 Noncompliance by landlord
    Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with any provision ...
  • 55-248.21:1 Early termination of rental agreement by military personnel
    A. Any member of the armed forces of the United States or a member of the National Guard serving on full-time duty or as a ...
  • 55-248.22 Failure to deliver possession
    If the landlord willfully fails to deliver possession of the dwelling unit to the tenant, rent abates until possession is delivered and the tenant may ...
  • 55-248.23 Wrongful failure to supply heat, water, hot water or essential services
    A. If contrary to the rental agreement or provisions of this chapter the landlord willfully or negligently fails to supply heat, running water, hot water, ...
  • 55-248.24 Fire or casualty damage
    If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the tenant's enjoyment of the dwelling unit ...
  • 55-248.25 Landlord's noncompliance as defense to action for possession for nonpayment of rent
    A. In an action for possession based upon nonpayment of rent or in an action for rent by a landlord when the tenant is in ...
  • 55-248.25:1 Rent escrow required for continuance of tenant's case
    A. Where a landlord has filed an unlawful detainer action seeking possession of the premises as provided by this chapter and the tenant seeks to ...
  • 55-248.26 Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of service
    If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption ...
  • 55-248.27 Tenant's assertion; rent escrow
    A. The tenant may assert that there exists upon the leased premises, a condition or conditions which constitute a material noncompliance by the landlord with ...
  • 55-248.28 through 55-248.30
    Repealed by Acts 2000, c. 760, cl. 2. ...
  • 55-248.31 Noncompliance with rental agreement; monetary penalty
    A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a violation of § ...
  • 55-248.31:01 Barring guest or invitee of tenants
    A. A guest or invitee of a tenant may be barred from the premises by the landlord upon written notice served personally upon the guest ...
  • 55-248.31:1 Sheriffs authorized to serve certain notices; fees therefor
    The sheriff of any county or city, upon request, may deliver any notice to a tenant on behalf of a landlord or lessor under the ...
  • 55-248.32 Remedy by repair, etc.; emergencies
    If there is a violation by the tenant of § 55-248.16 or the rental agreement materially affecting health and safety that can be remedied by ...
  • 55-248.33 Remedies for absence, nonuse and abandonment
    If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days and the ...
  • 55-248.34 Description unavailable
    Repealed by Acts 2003, c. 427, cl. 2 ...
  • 55-248.34:1 Landlord's acceptance of rent with reservation
    A. Provided the landlord has given written notice to the tenant that the rent will be accepted with reservation, the landlord may accept full payment ...
  • 55-248.35 Remedy after termination
    If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for ...
  • 55-248.36 Recovery of possession limited
    A landlord may not recover or take possession of the dwelling unit (i) by willful diminution of services to the tenant by interrupting or causing ...
  • 55-248.37 Periodic tenancy; holdover remedies
    A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to ...
  • 55-248.38 Description unavailable
    Repealed by Acts 2000, c. 760, cl. 2. ...
  • 55-248.38:1 Disposal of property abandoned by tenants
    If any items of personal property are left in the premises, or in any storage area provided by the landlord, after the rental agreement has ...
  • 55-248.38:2 Authority of sheriffs to store and sell personal property removed from residential premises; recove...
    Notwithstanding the provisions of § 8.01-156, when personal property is removed from a dwelling unit pursuant to an action of unlawful detainer or ejectment, or ...
  • 55-248.38:3 Disposal of property of deceased tenants.
    If a tenant, who is the sole occupant of the dwelling unit, dies, and there is no person authorized by order of the circuit court ...
  • 55-248.39 Retaliatory conduct prohibited
    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 ...
  • 55-248.40 Actions to enforce chapter
    Any person adversely affected by an act or omission prohibited under this chapter may institute an action for injunction and damages against the person responsible ...

Last modified: April 3, 2009