Most places, including Virginia, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Virginia Implied Warranty of Habitability
In Virginia, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring
- A pipe leaking human waste
- A broken front doorknob that won’t lock
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Virginia
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating, In Season | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer and Dryer | No | Only If Provided |
| Smoke/CO Detectors | Only Smoke (CO by tenant request) | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating and Air Conditioning in Virginia
Virginia landlords must provide seasonal heating for rental properties. They don’t have to provide air conditioning, but they do have to keep it in good working order if it’s provided.
Are Landlords Required to Provide Air Filter Replacements in Virginia?
Virginia landlords don’t have to replace things like air filters, unless required heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Virginia
Virginia landlords must keep plumbing in reasonable working condition, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in Virginia?
Virginia landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains and Toilets in Virginia?
Virginia landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in Virginia Responsible for Fixing Leaks?
Virginia landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in Virginia
Virginia landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if provided, it’s the landlord’s duty to maintain such appliances in good working order.
Landlord Responsibilities for Electrical Issues in Virginia
Virginia landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Virginia?
Virginia landlords are not responsible for replacing light bulbs or particular light fixtures, except as needed to maintain provided appliances or services.
Landlord Responsibilities for Garbage Removal in Virginia
Virginia landlords must provide and maintain outside garbage containers and garbage removal services.
Landlord Responsibilities for Landscaping in Virginia
Virginia landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Virginia
Virginia landlords are responsible for most mold issues. They have to treat any rental properties where there’s visible evidence of mold. They also have to provide specific disclosures about the presence and treatment of mold on the property.
Landlord Responsibilities Regarding Pests in Virginia
Virginia landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows and Window Coverings in Virginia
Virginia landlords have no specific responsibilities relating to windows and window coverings. The landlord has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Virginia
Virginia landlords are responsible for providing and maintaining smoke alarms on rental property. They have to give tenants the relevant certificate of inspection, no more than once a year. As an appliance provided by the landlord, smoke alarms must be kept in good working order.
Landlords must also maintain carbon monoxide (CO) detectors, and provide one within 90 days of the tenant specifically requesting it. The landlord can charge the tenant reasonable installation fees for this appliance, but it’s still the landlord’s job to keep it in good working order after installation.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Virginia?
Virginia landlords are responsible for replacing batteries of safety devices, as needed to keep such provided appliances in good working order.
Landlord Responsibilities for Doors and Locks in Virginia
Virginia landlords are not responsible by default for providing particular doors or locks, except what’s required for basic health and safety (like broken doors). However, Virginia law does let local governments optionally require specific standards for doors and locks, so this is an area where local law is especially important.
Landlord Responsibilities for Washers and Dryers in Virginia
Virginia landlords are not required to furnish their rental properties with a working washer and dryer. However, if provided, it’s the landlord’s duty to keep such appliances in good working order.
Renter’s Rights for Repairs in Virginia
Virginia renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord usually gets 14-21 days after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement, or ask a court to order repairs or compensation, as well as repairing and deducting from rent in some cases. The renter isn’t allowed to unilaterally withhold rent.
A tenant has additional options when a rental property gets condemned after the tenant has made a related valid repair request. In addition to the other typical remedies, the tenant is no longer liable for the cost of rent after the condemnation and can sue the landlord to recover various expenses, including the security deposit.
Sources
- 1 Va. Code Ann. § 55.1-1208.A.1 (2023)
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“A rental agreement shall not contain provisions that the tenant agrees to waive or forgo rights or remedies under this chapter.”
Source Link - 2 Va. Code Ann. § 55.1-1220.A.6 & A.7 (2023)
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“A landlord shall: 6. Provide and maintain appropriate receptacles and conveniences for the collection, storage, and removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of dwelling units and arrange for the removal of same; 7. Supply running water and reasonable amounts of hot water at all times and reasonable air conditioning if provided and heat in season except where the dwelling unit is so constructed that heat, air conditioning, or hot water is generated by an installation within the exclusive control of the tenant or supplied by a direct public utility connection.”
Source Link - 3 Va. Code Ann. § 55.1-1220.A.1 - A.4 (2023)
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“The landlord shall: 1. Comply with the requirements of applicable building and housing codes materially affecting health and safety; 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; 3. Keep all common areas shared by two or more dwelling units of a multifamily premises in a clean and structurally safe condition; 4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him.”
Source Link - 4 Va. Code Ann. § 55.1-1220.B (2023)
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“The landlord shall perform the duties imposed by subsection A in accordance with law; however, the landlord shall only be liable for the tenant’s actual damages proximately caused by the landlord’s failure to exercise ordinary care.”
Source Link - 5 Va. Code Ann. § 55.1-1220.A.5 (2023)
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“A landlord shall maintain the premises in such a condition as to prevent the accumulation of moisture and the growth of mold and promptly respond to any notices from a tenant as provided in subdivision A 10 of § 55.1-1227. Where there is visible evidence of mold, the landlord shall promptly remediate the mold conditions in accordance with the requirements of subsection E of § 8.01-226.12 and reinspect the dwelling unit to confirm that there is no longer visible evidence of mold in the dwelling unit. The landlord shall provide a tenant with a copy of a summary of information related to mold remediation occurring during that tenancy and, upon request of the tenant, make available the full package of such information and reports not protected by attorney-client privilege. Once the mold has been remediated in accordance with professional standards, the landlord shall not be required to make disclosures of a past incidence of mold to subsequent tenants.”
Source Link - 6 Va. Code Ann. § 55.1-1220.A.8 (2023)
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“A landlord shall provide a certificate to the tenant stating that all smoke alarms are present, have been inspected, and are in good working order no more than once every 12 months. The landlord, his employee, or an independent contractor may perform the inspection to determine that the smoke alarm is in good working order.”
Source Link - 7 Va. Code Ann. § 55.1-1229.E (2023)
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“Upon written request of a tenant in a dwelling unit, the landlord shall install a carbon monoxide alarm in the tenant’s dwelling unit within 90 days. The landlord may charge the tenant a reasonable fee to recover the costs of the equipment and labor for such installation. The landlord’s installation of a carbon monoxide alarm shall be in compliance with the Uniform Statewide Building Code (§ 36-97 et seq.).”
Source Link - 8 Va. Code Ann. § 55.1-1221 (2023)
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For the full set of requirements that local governments may incorporate and enforce regarding doors and locks, see Va. Code Ann. § 55.1-1221 (2023).
Source Link - 9 Va. Code Ann. § 55.1-1234 (2023)
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“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 of this chapter, materially affecting health and safety, the tenant may serve a written notice on the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if such breach is not remedied in 21 days…”
Source Link - 10 Va. Code Ann. § 55.1-1234 (2023)
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“…The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant. In addition, the tenant may recover damages and obtain injunctive relief for noncompliance by the landlord with the provisions of the rental agreement or of this chapter. The tenant shall be entitled to recover reasonable attorney fees unless the landlord proves by a preponderance of the evidence that the landlord’s actions were reasonable under the circumstances. If the rental agreement is terminated due to the landlord’s noncompliance, the landlord shall return the security deposit in accordance with § 55.1-1226.”
Source Link - 11 Va. Code Ann. § 55.1-1244.1.B (2023)
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“If (i) there exists in the dwelling unit a condition that constitutes a material noncompliance by the landlord with the rental agreement or with provisions of law or that, if not promptly corrected, will constitute a fire hazard or serious threat to the life, health, or safety of occupants of the premises, including an infestation of rodents or a lack of heat, hot or cold running water, light, electricity, or adequate sewage disposal facilities, and (ii) the tenant has notified the landlord of the condition in writing, the landlord shall take reasonable steps to make the repair or to remedy such condition within 14 days of receiving notice from the tenant.”
Source Link - 12 Va. Code Ann. § 55.1-1244.1.C (2023)
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“If the landlord does not take reasonable steps to repair or remedy the offending condition within 14 days of receiving a tenant’s notice pursuant to subsection B, the tenant may contract with a third-party contractor licensed by the Board for Contractors or, in the case of a rodent infestation, a pesticide business employing commercial applicators or registered technicians who are licensed, certified, and registered with the Department of Agriculture and Consumer Services pursuant to Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2, to repair or remedy the condition specified in the notice. A tenant who contracts with a third-party licensed contractor or pesticide business is entitled to recover the actual costs incurred for the work performed, not exceeding the greater of one month’s rent or $1,500. Unless the tenant has been reimbursed by the landlord, the tenant may deduct the actual costs incurred for the work performed pursuant to the contract with the third-party contractor or pesticide business after submitting to the landlord an itemized statement accompanied by receipts for purchased items and third-party contractor or pest control services.”
Source Link - 13 Va. Code § 55.1-1243.2
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A. If the tenant gave notice to the landlord during the tenancy that his dwelling unit was in violation of an applicable building code, such violation posed a substantial risk to the health, safety, or welfare of a tenant, and such violation resulted in the tenant being excluded from his dwelling unit due to such unit being condemned, the landlord shall be liable to the tenant for actual damages. The landlord shall also return to the tenant any (i) prepaid rent that had not become due as of the date of condemnation, (ii) security deposit, or (iii) rent paid, if any, to the landlord subsequent to the unit being condemned.
B. No landlord shall be liable pursuant to this section if:
1. The condemnation of the dwelling unit was caused by (i) the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant or (ii) an act of God; or
2. The lease was properly terminated pursuant to § 55.1-1240.
Source Link
