Portsmouth, VA Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Applies to
- Every building regardless of construction date or permits
- Structural duties
- Foundations, chimneys, porches kept structurally sound
- Restroom standard
- Waterproof floors, clean, lit, sanitary at all times
- First offense penalty
- Misdemeanor, fine up to $2,500.00
- Repeat offense penalty
- Second offense min. $1,000.00; third can mean jail
- Enforcing official
- Director of permits and inspections (code official)
Summary
Portsmouth's Buildings and Structures Maintenance Code makes every owner and operator responsible for keeping foundations, chimneys, porches, and exteriors structurally sound, restrooms clean and lit, and electrical service properly installed, regardless of when the building was built or what permits it holds. Violating any of these duties is a misdemeanor with fines climbing to $2,500.00 per offense on repeat violations.
(2)Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely. ... (4)Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair and free from defects. ... (13)Restrooms shall be surfaced with waterproof floors and shall be kept dry, clean and sanitary at all times. ... Every restroom shall be provided with a permanently installed artificial lighting fixture and a wall switch therefor which is free from danger of short circuiting.(14)All premises shall be properly connected to and provided with electric power. All such connections and electrical equipment shall be installed and maintained in conformity with the provisions of the electrical code of the city and other applicable ordinances.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Sec. 17-22 applies the Buildings and Structures Maintenance Code to every building and premises in the city no matter when it was constructed, altered, or repaired, and regardless of existing permits. Sec. 17-33 then lists the specific duties imposed on every owner and operator: foundation walls must stay structurally sound and capable of bearing their loads (item 2); chimneys and flues must remain structurally sound and smoketight (item 3); porches, landings, balconies, stairs, and fire escapes need banisters or railings that are structurally sound and free of defects (item 4); restrooms must have waterproof floors, stay dry, clean, and sanitary, and include a permanently installed light fixture (item 13); and premises must be properly connected to electric power installed to code, with maximum fuse sizes posted (items 14 and 15).
Owners also must keep the exterior free of nuisances and hazards, including brush, broken glass, garbage, and overhanging or ground-level hazards (item 1), and keep every structure's exterior in good repair and painted where necessary to prevent deterioration (item 12). Sec. 17-32 makes clear that these owner and operator duties exist independently of the occupant's own duties under Sec. 17-34, so an owner cannot escape liability by pointing to a tenant's separate obligations. Sec. 00 for a second offense within five years and mandatory jail time for a third offense within ten years, and any owner who remains out of compliance at conviction must abate the violation, usually within six months. Appeals from a code official's determination go to the local board of building code appeals under Sec. 17-35.
Violations & Fines
A first violation of any owner or operator duty under Sec. 17-33 is a misdemeanor punishable by up to $2,500.00 under Sec. 17-27(a). A second violation at the same property within five years carries a minimum fine of $1,000.00, and a third or subsequent violation within ten years can bring up to ten days in jail plus a fine of at least $2,500.00, none of it suspendable.
Frequently Asked Questions
What maintenance standards apply to Portsmouth rental housing?
Can a Portsmouth landlord blame the tenant for maintenance violations?
What's the penalty for violating Portsmouth's building maintenance code?
Sources & Official References
Other rules in Portsmouth
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