HB 1981 — Virginia Residential Landlord and Tenant Act; access to dwelling unit during certain emergencies.

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SPECIAL SESSION I history | hilite | pdf | print version CHAPTER 409 An Act to amend and reenact § 55.1-1229 of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act;

access to dwelling unit during certain declared states of emergency.

[H 1981] Approved March 30, 2021   Be it enacted by the General Assembly of Virginia:

1.

That § 55.1-1229 of the Code of Virginia is amended and reenacted as follows:

§ 55.1-1229.

Access;

consent;

correction of nonemergency conditions;

relocation of tenant;

security systems.

A.

1.

The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises;

make necessary or agreed-upon repairs, decorations, alterations, or improvements;

supply necessary or agreed-upon services;

or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

2.

If, upon inspection of a dwelling unit during the term of a tenancy, the landlord determines there is a violation by the tenant of § 55.1-1227 or the rental agreement materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning in accordance with § 55.1-1248, the landlord may make such repairs and send the tenant an invoice for payment.

If, upon inspection of the dwelling unit during the term of a tenancy, the landlord discovers a violation of the rental agreement, this chapter, or other applicable law, the landlord may send a written notice of termination pursuant to § 55.1-1245.

3.

If the rental agreement so provides and if a tenant without reasonable justification declines to permit the landlord or managing agent to exhibit the dwelling unit for sale or lease, the landlord may recover damages, costs, and reasonable attorney fees against such tenant.

As used in this subdivision, "reasonable justification" includes the tenant's reasonable concern for his own health, or the health of any authorized occupant, during a state of emergency declared by the Governor pursuant to § 44-146.17 in response to a communicable disease of public health threat as defined in § 44-146.16, provided that the tenant has provided written notice to the landlord informing the landlord of such concern.

In such circumstances, the tenant shall provide to the landlord or managing agent a video tour of the dwelling unit or other acceptable substitute for exhibiting the dwelling unit for sale or lease.

4.

The landlord may enter the dwelling unit without consent of the tenant in case of emergency.

The landlord shall not abuse the right of access or use it to harass the tenant.

Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant notice of his intent to enter and may enter only at reasonable times.

Unless impractical to do so, the landlord shall give the tenant at least 24 72 hours' notice of routine maintenance to be performed that has not been requested by the tenant.

If the tenant makes a request for maintenance, the landlord is not required to provide notice to the tenant.

Notwithstanding the foregoing, during a state of emergency declared by the Governor pursuant to § 44-146.17 in response to a communicable disease of public health threat as defined in § 44-146.16, the tenant may provide written notice to the landlord requesting that one or more nonemergency property conditions in the dwelling unit not be addressed in the normal course of business of the landlord due to such communicable disease of public health threat.

In such case, the tenant shall be deemed to have waived any and all claims and rights under this chapter against the landlord for failure to address such nonemergency property conditions.

At any time thereafter, the tenant may consent in writing to the landlord addressing such nonemergency property conditions in the normal course of business of the landlord.

In the case of a tenant who has provided notice that he does not want nonemergency repairs made during the state of emergency due to a communicable disease of public health threat, the landlord may nonetheless enter the dwelling unit to do nonemergency repairs and maintenance with at least seven days' written notice to the tenant and at a time consented to by the tenant, no more than once every six months, provided that the employees and agents sent by the landlord are wearing all appropriate and reasonable personal protective equipment as required by state law.