Where a mold condition in the dwelling unit materially affects the health or safety of any tenant or authorized occupant, the landlord may require the tenant to temporarily vacate the dwelling unit in order for the landlord to perform mold remediation in accordance with professional standards as defined in § 55.1-1200 for a period not to exceed 30 days. The landlord shall provide the tenant with either (i) a comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant or (ii) a hotel room, as selected by the landlord, at no expense or cost to the tenant. The landlord shall not be required to pay for any other expenses of the tenant that arise after the relocation period. The tenant shall continue to be responsible for payment of rent under the rental agreement during the period of any temporary relocation and for the remainder of the term of the rental agreement following the remediation. Nothing in this section shall be construed as entitling the tenant to a termination of a tenancy where the landlord has remediated a mold condition in accordance with professional standards as defined in § 55.1-1200. The landlord shall pay all costs of the relocation and the mold remediation, unless the mold is a result of the tenant's failure to comply with § 55.1-1227.
2008, c. 640, § 55-248.18:2; 2009, c. 663; 2011, c. 779; 2016, c. 744; 2017, c. 730; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 12 - Virginia Residential Landlord and Tenant Act
§ 55.1-1201. Applicability of chapter; local authority
§ 55.1-1203. Application; deposit, fee, and additional information
§ 55.1-1205. Prepaid rent; maintenance of escrow account
§ 55.1-1206. Landlord may obtain certain insurance for tenant
§ 55.1-1207. Effect of unsigned or undelivered rental agreement
§ 55.1-1208. Prohibited provisions in rental agreements
§ 55.1-1208.1. Rental agreements; child care
§ 55.1-1209. Confidentiality of tenant records
§ 55.1-1210. Landlord and tenant remedies for abuse of access
§ 55.1-1213. Transfer of deposits upon purchase
§ 55.1-1214. Inspection of dwelling unit; report
§ 55.1-1215. Disclosure of mold in dwelling units
§ 55.1-1216. Disclosure of sale of premises
§ 55.1-1218. Required disclosures for properties with defective drywall; remedy for nondisclosure
§ 55.1-1220. Landlord to maintain fit premises
§ 55.1-1221. Landlord to provide locks and peepholes
§ 55.1-1222. Access of tenant to cable, satellite, and other television facilities
§ 55.1-1223. Notice to tenants for insecticide or pesticide use
§ 55.1-1224. Limitation of liability
§ 55.1-1225. Tenancy at will; effect of notice of change of terms or provisions of tenancy
§ 55.1-1226. Security deposits
§ 55.1-1227. Tenant to maintain dwelling unit
§ 55.1-1228. Rules and regulations
§ 55.1-1230. Access following entry of certain court orders
§ 55.1-1231. Relocation of tenant where mold remediation needs to be performed in the dwelling unit
§ 55.1-1232. Use and occupancy by tenant
§ 55.1-1233. Tenant to surrender possession of dwelling unit
§ 55.1-1234. Noncompliance by landlord
§ 55.1-1235. Early termination of rental agreement by military personnel
§ 55.1-1237. Notice to tenant in event of foreclosure
§ 55.1-1238. Failure to deliver possession
§ 55.1-1239. Wrongful failure to supply an essential service
§ 55.1-1240. Fire or casualty damage
§ 55.1-1241. Landlord's noncompliance as defense to action for possession for nonpayment of rent
§ 55.1-1242. Rent escrow required for continuance of tenant's case
§ 55.1-1244. Tenant's assertion; rent escrow
§ 55.1-1244.1. Tenant's remedy by repair
§ 55.1-1246. Barring guest or invitee of a tenant
§ 55.1-1247. Sheriffs authorized to serve certain notices; fee for service
§ 55.1-1248. Remedy by repair, etc.; emergencies
§ 55.1-1249. Remedies for absence, nonuse, and abandonment
§ 55.1-1250. Landlord's acceptance of rent with reservation; tenant's right of redemption
§ 55.1-1251. Remedy after termination
§ 55.1-1252. Recovery of possession limited
§ 55.1-1253. Periodic tenancy; holdover remedies
§ 55.1-1254. Disposal of property abandoned by tenants
§ 55.1-1256. Disposal of property of deceased tenants
§ 55.1-1257. Who may recover rent or possession
§ 55.1-1258. Retaliatory conduct prohibited
§ 55.1-1259. Actions to enforce chapter
§ 55.1-1261. (Expires July 1, 2024) Eviction Diversion Pilot Program; administration