In Virginia, a landlord’s obligation for providing a habitable living space is primarily governed by Va. Code § 55-225.3. This legal requirement, commonly known as the “implied warranty of habitability,” also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Cold/Hot Water, HVAC, Plumbing, Electrical, Gas, Sanitation Facilities, Trash Can |
| Time Limit for Repairs | 24 Hours or 30 Days |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Virginia
The implied warranty of habitability in Virginia does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single-family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | No |
| RV parks | Not specifically addressed |
| Mobile home parks | Not specifically addressed |
| Condos | No |
| Hotels/Motels | Yes, if person resides in hotel/motel for more than 90 consecutive days |
Landlord Responsibilities in Virginia
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Virginia, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair | Not addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks | Not addressed |
| Provide hot and cold running water | Yes |
| Provide working HVAC equipment | Yes |
| Provide working plumbing and electrical wiring/outlets/ lighting | Yes |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet) | Yes |
| Provide a trash can (for trash pickup services) | Yes |
| Ensure that any stairs and railings are safe | Not addressed |
| Ensure that all floors are in good condition and safe | Not addressed |
| Provide fire exits that are usable, safe, and clean | Not addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials | Not addressed |
| Provide working smoke detector | Not addressed |
| Provide a mailbox | Not addressed |
| Provide working wiring for one telephone jack | Not addressed |
| Provide working kitchen appliances | Not addressed |
| Provide working carbon monoxide detector | Not addressed |
| Provide a working washer/dryer | No |
Landlords in Virginia must make all necessary repairs and must follow all building and housing codes affecting safety and health. Landlords must also keep the common areas in a safe and clean condition. In some instances, a landlord and tenant may agree, in writing, that the tenant can perform the following duties:
- Maintain the premises to prevent the accumulation of mold growth and moisture
- Maintain receptacles for trash
- Supply heat, water, hot water, and air conditioning (if applicable)
Security
For multi-family rental properties with five or more units, landlords are required to provide dead-bolt locks, sliding glass door locks, peepholes and window locks for all exterior doors and windows.
Mold
A landlord is responsible to maintain the premises so that the dwelling unit does not accumulate mold or moisture. When there are visible signs of mold in the rental unit, the landlord is required to promptly remediate the same in accordance with professional standards. Also, the landlord is required to provide the tenant with a full and accurate record of all mold remediation and related procedures in the unit during the latter’s tenancy.
However, when mold has been fully remediated, the landlord is not required to disclose past incidents of mold remediation to subsequent tenants. This means that any tenant will be entitled to information on mold related incidents that occurred prior to that specific tenancy only if the same has not been fully remediated.
Repairs, Recourse, and Retaliation in Virginia
If a rental property is in violation of the implied warranty of habitability in Virginia, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Virginia
Virginia tenants must request repairs by providing the landlord written notice about the issue that needs repair. To reserve the relevant legal options, the tenant must also state actions they might take if the landlord does not make timely repairs, such as canceling the lease altogether.
This is an example of language a tenant might use when potentially canceling the lease: “If the issue isn’t fixed within 21 days of this notice being delivered, the renter may exercise his right to cancel the rental agreement on [DATE, at least 30 days from delivery of the notice].”
This is an example of language a tenant might use when potentially repairing and deducting: “If the issue isn’t fixed within 14 days of this notice being delivered, the renter may exercise his right to repair and deduct.”
Renter’s Rights if Repairs Aren’t Made in Virginia
Virginia renters have the right to repairs for a variety of potential issues, including things that impact health and safety. To exercise their right, renters have to give the landlord written notice about the issue that needs fixing and wait 14-21 for the landlord to do repairs, depending on the severity of the issue.
If the issue isn’t fixed by the landlord in a timely way, the renter could end the rental agreement or get a court order for repairs or compensation. However, the renter usually can’t repair and deduct, or withhold rent.
When a rental property gets condemned after the tenant has made a related valid repair request, 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.
Landlord Retaliation in Virginia
It’s illegal for Virginia landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken one of the following protected actions:
- Complaining to the government about health and safety issues on the property
- Complaining to the landlord about failure to comply with legal requirements
- Participating in a tenant organization
- Testifying in a court case against the landlord
The law allows an exception when the landlord has good-faith reason for the alleged retaliatory action. For example, a landlord who raises rent reasonably according to local market values isn’t retaliating. It’s the tenant’s burden of proof to establish the landlord’s retaliatory intention.
Sources
- Code of Virginia, Title 55.1 – Property and Conveyances, Chapter 12 – Virginia Residential Landlord and Tenant Act.
- Virginia Landlord-Tenant Law
Sources
- 1 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.
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