Virginia Statewide Rule
Virginia Habitability and Repair Standards
Key Facts
- Core duty
- Fit and habitable condition (§ 55.1-1220)
- Utilities
- Running/hot water and heat in season required
- Mold
- Must prevent moisture and remediate mold
- Tenant remedy
- Rent escrow via tenant's assertion (§ 55.1-1244)
- Repair remedy
- Repair-and-deduct actual costs (§ 55.1-1244.1)
Summary
Va. Code § 55.1-1220 requires landlords to keep rentals fit and habitable: comply with building codes, make needed repairs, maintain electrical, plumbing, heating and HVAC systems, supply running and hot water and seasonal heat, and prevent mold. Tenants can seek rent escrow or repairs under §§ 55.1-1244 and 55.1-1244.1.
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 do whatever is necessary to put and keep the premises in a fit and habitable condition;
Full Breakdown
Under Va. Code § 55.1-1220 a landlord must "comply with the requirements of applicable building and housing codes materially affecting health and safety," "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition," maintain in good and safe working order all electrical, plumbing, heating, ventilating, and air-conditioning facilities, "supply running water and reasonable amounts of hot water at all times and reasonable air conditioning if provided and heat in season," and prevent the accumulation of moisture and mold. If a condition is material noncompliance, a tenant who gives written notice may file a tenant's assertion under § 55.1-1244 and pay rent into a court escrow account, seeking rent abatement, termination, or repairs; § 55.1-1244.1 lets a tenant deduct the actual cost of certain repairs.
Violations & Penalties
A tenant may give written notice and, if the landlord does not remedy within a reasonable time (a period over 30 days is presumed unreasonable under § 55.1-1244), file a tenant's assertion to pay rent into court escrow, obtain rent abatement, recover repair costs, or terminate the lease.
Frequently Asked Questions
What can a Virginia tenant do if the landlord won't make repairs?
Does a Virginia landlord have to provide heat and hot water?
How long does a Virginia landlord have to fix a habitability problem?
Sources
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