Bed bug infestations in Fairfax rentals fall under the Virginia Residential Landlord and Tenant Act habitability duty. Landlords generally must treat infestations not caused by tenant fault.
Virginia Code Section 55.1-1220 requires landlords to maintain fit and habitable premises, which Fairfax County interprets as including extermination of bed bugs not caused by the tenant. Tenants must promptly notify the landlord in writing once infestation is suspected. Single-family dwellings can shift extermination duty to tenants by written lease, but multi-family units almost always remain the landlord's responsibility. Fairfax County does not run a dedicated bed bug program, but the Health Department provides educational guidance and Code Compliance can address related sanitation issues. Tenants who give proper notice and receive no response may pursue remedies in General District Court.
Unresolved infestations can support tenant remedies under VRLTA including rent escrow, repair-and-deduct, or termination for material noncompliance with habitability obligations.
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