{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1212.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1212.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1212.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1212.html"}],"law_id":67894,"edition_id":1,"section_id":67894,"structure_id":15277,"section_number":"55.1-1212","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, and ratio utility billing systems; local government fees","history":"1992, c. 766, \u00a7 55-226.2; 2003, c. 355; 2005, c. 278; 2010, c. 550; 2012, c. 338; 2014, c. 501; 2015, c. 596; 2017, c. 730; 2019, c. 712.","full_text":"A\n\nAs used in this section:\n\t\t\t“Energy allocation equipment” means the same as that term is defined in § 56-245.2.\n\t\t\t“Energy submetering equipment” has the same meaning ascribed to “submetering equipment” in § 56-245.2.\n\t\t\t“Local government fees” means any local government charges or fees assessed against a residential building, including charges or fees for stormwater, recycling, trash collection, elevator testing, fire or life safety testing, or residential rental inspection programs.\n\t\t\t“Ratio utility billing system” means a program that utilizes a mathematical formula for allocating, among the tenants in a residential building, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the residential building owner from a third-party provider of the utility service. Permitted allocation methods may include formulas based on square footage, occupancy, number of bedrooms, or some other specific method agreed to by the residential building owner and the tenant in the rental agreement or lease.\n\t\t\t“Residential building” means all of the individual units served through the same utility-owned meter within a residential building that is defined in § 56-245.2 as an apartment building or house or all of the individual dwelling units served through the same utility-owned meter within a manufactured home park as defined in § 55.1-1300.\n\t\t\t“Water and sewer submetering equipment” means equipment used to measure actual water or sewer usage in any residential building when such equipment is not owned or controlled by the utility or other provider of water or sewer service that provides service to the residential building.B\n\nEnergy submetering equipment, energy allocation equipment, water and sewer submetering equipment, or a ratio utility billing system may be used in a residential building if clearly stated in the rental agreement or lease for the residential building. All energy submetering equipment and energy allocation equipment shall meet the requirements and standards established and enforced by the State Corporation Commission pursuant to § 56-245.3.C\n\nIf energy submetering equipment, energy allocation equipment, or water and sewer submetering equipment is used in any residential building, the owner, manager, or operator of such residential building shall bill the tenant for electricity, oil, natural gas, or water and sewer for the same billing period as the utility serving the residential building, unless the rental agreement or lease expressly provides otherwise. The owner, manager, or operator of such residential building may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billing charged to the residential building owner, manager, or operator by a third-party provider of such services, provided that such charges are agreed to by the residential building owner and the tenant in the rental agreement or lease. The residential building owner may require the tenant to pay a late charge of up to $5 if the tenant fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section.D\n\nIf a ratio utility billing system is used in any residential building, in lieu of increasing the rent, the owner, manager, or operator of such residential building may employ such a program that utilizes a mathematical formula for allocating, among the tenants in a residential building, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the residential building owner from a third-party provider of the utility service. The owner, manager, or operator of the residential building may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billings charged to the residential building owner, manager, or operator by a third-party provider of such services, provided that such charges are agreed to by the residential building owner and the tenant in the rental agreement or lease. The residential building owner may require the tenant to pay a late charge of up to $5 if the tenant fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section. The late charge shall be deemed rent (i) as defined in § 55.1-1200 if a ratio utility billing system is used in a residential multifamily dwelling unit subject to this chapter or (ii) as defined in § 55.1-1300 if a ratio utility billing system is used in a manufactured home park subject to the Manufactured Home Lot Rental Act (§ 55.1-1300 et seq.).E\n\nEnergy allocation equipment shall be tested periodically by the owner, manager, or operator of the residential building. Upon the request by a tenant, the owner shall test the energy allocation equipment without charge. The test conducted without charge to the tenant shall not be conducted more frequently than once in a 24-month period for the same tenant. The tenant or his designated representative may be present during the testing of the energy allocation equipment. A written report of the results of the test shall be made to the tenant within 10 working days after the completion of the test.F\n\nThe owner of any residential building shall maintain adequate records regarding energy submetering equipment, energy allocation equipment, water and sewer submetering equipment, or a ratio utility billing system. A tenant may inspect and copy the records for the leased premises during reasonable business hours at a convenient location within or serving the residential building. The owner of the residential building may impose and collect a reasonable charge for copying documents, reflecting the actual costs of materials and labor for copying, prior to providing copies of the records to the tenant.G\n\nNotwithstanding any enforcement action undertaken by the State Corporation Commission pursuant to its authority under § 56-245.3, tenants and owners shall retain any private right of action resulting from any breach of the rental agreement or lease terms required by this section or § 56-245.3, if applicable, to the same extent as such actions may be maintained for breach of other terms of the rental agreement or lease under this chapter, if applicable. The use of energy submetering equipment, energy allocation equipment, water and sewer submetering equipment, or a ratio utility billing system is not within the jurisdiction of the Department of Agriculture and Consumer Services under Chapter 56 (§ 3.2-5600 et seq.) of Title 3.2.H\n\nIn lieu of increasing the rent, the owner, manager, or operator of a residential building may employ a program that utilizes a mathematical formula for allocating the actual or anticipated local government fees billed to the residential building owner among the tenants in such residential building if clearly stated in the rental agreement or lease. Permitted allocation methods may include formulas based upon square footage, occupancy, number of bedrooms, or some other specific method agreed to by the residential building owner and the tenant in the rental agreement or lease. Such owner, manager, or operator of a residential building may also charge and collect from each tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses for administration of such a program. If the building is residential and is subject to (i) this chapter, such local government fees and administrative expenses shall be deemed to be rent as defined in § 55.1-1200 or (ii) the Manufactured Home Lot Rental Act (§ 55.1-1300 et seq.), such local government fees and administrative expenses shall be deemed to be rent as defined in § 55.1-1300.I\n\nNothing in this section shall be construed to prohibit an owner, manager, or operator of a residential building from including water, sewer, electrical, natural gas, oil, or other utilities in the amount of rent as specified in the rental agreement or lease.","order_by":null,"text":{"0":{"id":245882,"text":"As used in this section:\n\t\t\t“Energy allocation equipment” means the same as that term is defined in § 56-245.2.\n\t\t\t“Energy submetering equipment” has the same meaning ascribed to “submetering equipment” in § 56-245.2.\n\t\t\t“Local government fees” means any local government charges or fees assessed against a residential building, including charges or fees for stormwater, recycling, trash collection, elevator testing, fire or life safety testing, or residential rental inspection programs.\n\t\t\t“Ratio utility billing system” means a program that utilizes a mathematical formula for allocating, among the tenants in a residential building, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the residential building owner from a third-party provider of the utility service. Permitted allocation methods may include formulas based on square footage, occupancy, number of bedrooms, or some other specific method agreed to by the residential building owner and the tenant in the rental agreement or lease.\n\t\t\t“Residential building” means all of the individual units served through the same utility-owned meter within a residential building that is defined in § 56-245.2 as an apartment building or house or all of the individual dwelling units served through the same utility-owned meter within a manufactured home park as defined in § 55.1-1300.\n\t\t\t“Water and sewer submetering equipment” means equipment used to measure actual water or sewer usage in any residential building when such equipment is not owned or controlled by the utility or other provider of water or sewer service that provides service to the residential building.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":245883,"text":"Energy submetering equipment, energy allocation equipment, water and sewer submetering equipment, or a ratio utility billing system may be used in a residential building if clearly stated in the rental agreement or lease for the residential building. All energy submetering equipment and energy allocation equipment shall meet the requirements and standards established and enforced by the State Corporation Commission pursuant to § 56-245.3.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":245884,"text":"If energy submetering equipment, energy allocation equipment, or water and sewer submetering equipment is used in any residential building, the owner, manager, or operator of such residential building shall bill the tenant for electricity, oil, natural gas, or water and sewer for the same billing period as the utility serving the residential building, unless the rental agreement or lease expressly provides otherwise. The owner, manager, or operator of such residential building may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billing charged to the residential building owner, manager, or operator by a third-party provider of such services, provided that such charges are agreed to by the residential building owner and the tenant in the rental agreement or lease. The residential building owner may require the tenant to pay a late charge of up to $5 if the tenant fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":245885,"text":"If a ratio utility billing system is used in any residential building, in lieu of increasing the rent, the owner, manager, or operator of such residential building may employ such a program that utilizes a mathematical formula for allocating, among the tenants in a residential building, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the residential building owner from a third-party provider of the utility service. The owner, manager, or operator of the residential building may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billings charged to the residential building owner, manager, or operator by a third-party provider of such services, provided that such charges are agreed to by the residential building owner and the tenant in the rental agreement or lease. The residential building owner may require the tenant to pay a late charge of up to $5 if the tenant fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section. The late charge shall be deemed rent (i) as defined in § 55.1-1200 if a ratio utility billing system is used in a residential multifamily dwelling unit subject to this chapter or (ii) as defined in § 55.1-1300 if a ratio utility billing system is used in a manufactured home park subject to the Manufactured Home Lot Rental Act (§ 55.1-1300 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":245886,"text":"Energy allocation equipment shall be tested periodically by the owner, manager, or operator of the residential building. Upon the request by a tenant, the owner shall test the energy allocation equipment without charge. The test conducted without charge to the tenant shall not be conducted more frequently than once in a 24-month period for the same tenant. The tenant or his designated representative may be present during the testing of the energy allocation equipment. A written report of the results of the test shall be made to the tenant within 10 working days after the completion of the test.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":245887,"text":"The owner of any residential building shall maintain adequate records regarding energy submetering equipment, energy allocation equipment, water and sewer submetering equipment, or a ratio utility billing system. A tenant may inspect and copy the records for the leased premises during reasonable business hours at a convenient location within or serving the residential building. The owner of the residential building may impose and collect a reasonable charge for copying documents, reflecting the actual costs of materials and labor for copying, prior to providing copies of the records to the tenant.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":245888,"text":"Notwithstanding any enforcement action undertaken by the State Corporation Commission pursuant to its authority under § 56-245.3, tenants and owners shall retain any private right of action resulting from any breach of the rental agreement or lease terms required by this section or § 56-245.3, if applicable, to the same extent as such actions may be maintained for breach of other terms of the rental agreement or lease under this chapter, if applicable. The use of energy submetering equipment, energy allocation equipment, water and sewer submetering equipment, or a ratio utility billing system is not within the jurisdiction of the Department of Agriculture and Consumer Services under Chapter 56 (§ 3.2-5600 et seq.) of Title 3.2.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":245889,"text":"In lieu of increasing the rent, the owner, manager, or operator of a residential building may employ a program that utilizes a mathematical formula for allocating the actual or anticipated local government fees billed to the residential building owner among the tenants in such residential building if clearly stated in the rental agreement or lease. Permitted allocation methods may include formulas based upon square footage, occupancy, number of bedrooms, or some other specific method agreed to by the residential building owner and the tenant in the rental agreement or lease. Such owner, manager, or operator of a residential building may also charge and collect from each tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses for administration of such a program. If the building is residential and is subject to (i) this chapter, such local government fees and administrative expenses shall be deemed to be rent as defined in § 55.1-1200 or (ii) the Manufactured Home Lot Rental Act (§ 55.1-1300 et seq.), such local government fees and administrative expenses shall be deemed to be rent as defined in § 55.1-1300.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":245890,"text":"Nothing in this section shall be construed to prohibit an owner, manager, or operator of a residential building from including water, sewer, electrical, natural gas, oil, or other utilities in the amount of rent as specified in the rental agreement or lease.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":15277,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:53:32","date_modified":"2026-06-26 03:53:32","permalink":{"id":245887,"object_type":"structure","relational_id":15277,"identifier":"1","token":"55.1\/III\/12\/1","url":"\/55.1\/III\/12\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14100,"edition_id":1,"name":"Virginia Residential Landlord and Tenant Act","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":245885,"object_type":"structure","relational_id":14100,"identifier":"12","token":"55.1\/III\/12","url":"\/55.1\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61413,"structure_id":15277,"section_number":"55.1-1200","catch_line":"Definitions","url":"\/55.1-1200\/","token":"55.1\/III\/12\/1\/55.1-1200","metadata":false},{"id":83636,"structure_id":15277,"section_number":"55.1-1201","catch_line":"Applicability of chapter; local authority","url":"\/55.1-1201\/","token":"55.1\/III\/12\/1\/55.1-1201","metadata":false},{"id":69095,"structure_id":15277,"section_number":"55.1-1202","catch_line":"Notice","url":"\/55.1-1202\/","token":"55.1\/III\/12\/1\/55.1-1202","metadata":false},{"id":58146,"structure_id":15277,"section_number":"55.1-1203","catch_line":"Application; deposit, fee, and additional information","url":"\/55.1-1203\/","token":"55.1\/III\/12\/1\/55.1-1203","metadata":false},{"id":82906,"structure_id":15277,"section_number":"55.1-1204","catch_line":"Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant","url":"\/55.1-1204\/","token":"55.1\/III\/12\/1\/55.1-1204","metadata":false},{"id":84327,"structure_id":15277,"section_number":"55.1-1204.1","catch_line":"Fee disclosure statement","url":"\/55.1-1204.1\/","token":"55.1\/III\/12\/1\/55.1-1204.1","metadata":false},{"id":62292,"structure_id":15277,"section_number":"55.1-1205","catch_line":"Prepaid rent; maintenance of escrow account","url":"\/55.1-1205\/","token":"55.1\/III\/12\/1\/55.1-1205","metadata":false},{"id":68710,"structure_id":15277,"section_number":"55.1-1206","catch_line":"Landlord may obtain certain insurance for tenant","url":"\/55.1-1206\/","token":"55.1\/III\/12\/1\/55.1-1206","metadata":false},{"id":60062,"structure_id":15277,"section_number":"55.1-1207","catch_line":"Effect of unsigned or undelivered rental agreement","url":"\/55.1-1207\/","token":"55.1\/III\/12\/1\/55.1-1207","metadata":false},{"id":64224,"structure_id":15277,"section_number":"55.1-1208","catch_line":"Prohibited provisions in rental agreements","url":"\/55.1-1208\/","token":"55.1\/III\/12\/1\/55.1-1208","metadata":false},{"id":67212,"structure_id":15277,"section_number":"55.1-1208.1","catch_line":"Rental agreements; 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local government fees","url":"\/55.1-1212\/","token":"55.1\/III\/12\/1\/55.1-1212","metadata":false},{"id":61504,"structure_id":15277,"section_number":"55.1-1213","catch_line":"Transfer of deposits upon purchase","url":"\/55.1-1213\/","token":"55.1\/III\/12\/1\/55.1-1213","metadata":false}],"previous_section":{"id":65452,"structure_id":15277,"section_number":"55.1-1211","catch_line":"Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth","url":"\/55.1-1211\/","token":"55.1\/III\/12\/1\/55.1-1211","metadata":false},"next_section":{"id":61504,"structure_id":15277,"section_number":"55.1-1213","catch_line":"Transfer of deposits upon purchase","url":"\/55.1-1213\/","token":"55.1\/III\/12\/1\/55.1-1213","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1212\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 766 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2003, chapter 355<\/a>; in 2005, chapter 278<\/a>; in 2010, chapter 550<\/a>; in 2012, chapter 338<\/a>; in 2014, chapter 501<\/a>; in 2015, chapter 596<\/a>; in 2017, chapter 730<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":61413,"section_number":"55.1-1200","catch_line":"Definitions","order_by":null,"url":"\/55.1-1200\/"},{"id":71023,"section_number":"55.1-1307","catch_line":"Charge for utility service","order_by":null,"url":"\/55.1-1307\/"},{"id":66838,"section_number":"56-1.2","catch_line":"Persons, localities, and school boards not designated as public utility, public service corporation, etc","order_by":null,"url":"\/56-1.2\/"},{"id":74553,"section_number":"56-245.3","catch_line":"Commission to promulgate regulations and standards","order_by":null,"url":"\/56-245.3\/"}],"refers_to":[{"id":65679,"section_number":"3.2-5600","catch_line":"Definitions generally","order_by":null,"url":"\/3.2-5600\/"},{"id":61413,"section_number":"55.1-1200","catch_line":"Definitions","order_by":null,"url":"\/55.1-1200\/"},{"id":74299,"section_number":"55.1-1300","catch_line":"Definitions","order_by":null,"url":"\/55.1-1300\/"},{"id":79615,"section_number":"56-245.2","catch_line":"Definitions","order_by":null,"url":"\/56-245.2\/"},{"id":74553,"section_number":"56-245.3","catch_line":"Commission to promulgate regulations and standards","order_by":null,"url":"\/56-245.3\/"}],"permalink":{"id":245949,"object_type":"law","relational_id":67894,"identifier":"55.1-1212","token":"55.1\/III\/12\/1\/55.1-1212","url":"\/55.1-1212\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1212\/","token":"55.1\/III\/12\/1\/55.1-1212","dublin_core":{"Title":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, and ratio utility billing systems; local government fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1212","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Energy allocation equipment<\/span>” means the same as that term is defined in § 56-245.2<\/a>.\n\t\t\t“Energy submetering equipment” has the same meaning ascribed to “submetering equipment” in § 56-245.2<\/a>.\n\t\t\t“Local government fees<\/span>” means any local government charges or fees assessed against a residential building<\/span>, including charges or fees for stormwater, recycling, trash collection, elevator testing, fire or life safety testing, or residential rental inspection programs.\n\t\t\t“Ratio utility billing system<\/span>” means a program that utilizes a mathematical formula for allocating, among the tenants<\/span> in a residential building<\/span>, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the residential building<\/span> owner<\/span> from a third-party<\/span> provider of the utility service. Permitted allocation methods may include formulas based on square footage, occupancy, number of bedrooms, or some other specific method agreed to by the residential building<\/span> owner<\/span> and the tenant<\/span> in the rental agreement<\/span> or lease.\n\t\t\t“Residential building<\/span>” means all of the individual units served through the same utility-owned meter within a residential building<\/span> that is defined in § 56-245.2<\/a> as an apartment building or house or all of the individual dwelling units<\/span> served through the same utility-owned meter within a manufactured home park as defined in § 55.1-1300<\/a>.\n\t\t\t“Water and sewer submetering equipment<\/span>” means equipment used to measure actual water or sewer usage in any residential building<\/span> when such equipment is not owned or controlled by the utility or other provider of water or sewer service that provides service to the residential building<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Energy submetering equipment, energy allocation equipment<\/span>, water and sewer submetering equipment<\/span>, or a ratio utility billing system<\/span> may be used in a residential building<\/span> if clearly stated in the rental agreement<\/span> or lease for the residential building<\/span>. All energy submetering equipment and energy allocation equipment<\/span> shall meet the requirements and standards established and enforced by the State Corporation Commission pursuant to § 56-245.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If energy submetering equipment, energy allocation equipment<\/span>, or water and sewer submetering equipment<\/span> is used in any residential building<\/span>, the owner<\/span>, manager, or operator of such residential building<\/span> shall bill the tenant<\/span> for electricity, oil, natural gas, or water and sewer for the same billing period as the utility serving the residential building<\/span>, unless the rental agreement<\/span> or lease expressly provides otherwise. The owner<\/span>, manager, or operator of such residential building<\/span> may charge and collect from the tenant<\/span> additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billing charged to the residential building<\/span> owner<\/span>, manager, or operator by a third-party<\/span> provider of such services, provided that such charges are agreed to by the residential building<\/span> owner<\/span> and the tenant<\/span> in the rental agreement<\/span> or lease. The residential building<\/span> owner<\/span> may require the tenant<\/span> to pay a late charge of up to $5 if the tenant<\/span> fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a ratio utility billing system<\/span> is used in any residential building<\/span>, in lieu of increasing the rent<\/span>, the owner<\/span>, manager, or operator of such residential building<\/span> may employ such a program that utilizes a mathematical formula for allocating, among the tenants<\/span> in a residential building<\/span>, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the residential building<\/span> owner<\/span> from a third-party<\/span> provider of the utility service. The owner<\/span>, manager, or operator of the residential building<\/span> may charge and collect from the tenant<\/span> additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billings charged to the residential building<\/span> owner<\/span>, manager, or operator by a third-party<\/span> provider of such services, provided that such charges are agreed to by the residential building<\/span> owner<\/span> and the tenant<\/span> in the rental agreement<\/span> or lease. The residential building<\/span> owner<\/span> may require the tenant<\/span> to pay a late charge of up to $5 if the tenant<\/span> fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section. The late charge shall be deemed rent<\/span> (i) as defined in § 55.1-1200<\/a> if a ratio utility billing system<\/span> is used in a residential multifamily dwelling unit<\/span> subject to this chapter or (ii) as defined in § 55.1-1300<\/a> if a ratio utility billing system<\/span> is used in a manufactured home park subject to the Manufactured Home Lot Rental Act (§ 55.1-1300<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Energy allocation equipment<\/span> shall be tested periodically by the owner<\/span>, manager, or operator of the residential building<\/span>. Upon the request by a tenant<\/span>, the owner<\/span> shall test the energy allocation equipment<\/span> without charge. The test conducted without charge to the tenant<\/span> shall not be conducted more frequently than once in a 24-month period for the same tenant<\/span>. The tenant<\/span> or his designated representative may be present during the testing of the energy allocation equipment<\/span>. A written report of the results of the test shall be made to the tenant<\/span> within 10 working days after the completion of the test. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The owner<\/span> of any residential building<\/span> shall maintain adequate records regarding energy submetering equipment, energy allocation equipment<\/span>, water and sewer submetering equipment<\/span>, or a ratio utility billing system<\/span>. A tenant<\/span> may inspect and copy the records for the leased premises<\/span> during reasonable business hours at a convenient location within or serving the residential building<\/span>. The owner<\/span> of the residential building<\/span> may impose and collect a reasonable charge for copying documents, reflecting the actual costs of materials<\/span> and labor for copying, prior to providing copies of the records to the tenant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding any enforcement action<\/span> undertaken by the State Corporation Commission pursuant to its authority under § 56-245.3<\/a>, tenants<\/span> and owners<\/span> shall retain any private right of action<\/span> resulting from any breach of the rental agreement<\/span> or lease terms required by this section or § 56-245.3<\/a>, if applicable, to the same extent as such actions<\/span> may be maintained for breach of other terms of the rental agreement<\/span> or lease under this chapter, if applicable. The use of energy submetering equipment, energy allocation equipment<\/span>, water and sewer submetering equipment<\/span>, or a ratio utility billing system<\/span> is not within the jurisdiction<\/span> of the Department of Agriculture and Consumer Services under Chapter 56 (§ 3.2-5600<\/a> et seq.) of Title 3.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In lieu of increasing the rent<\/span>, the owner<\/span>, manager, or operator of a residential building<\/span> may employ a program that utilizes a mathematical formula for allocating the actual or anticipated local government fees<\/span> billed to the residential building<\/span> owner<\/span> among the tenants<\/span> in such residential building<\/span> if clearly stated in the rental agreement<\/span> or lease. Permitted allocation methods may include formulas based upon square footage, occupancy, number of bedrooms, or some other specific method agreed to by the residential building<\/span> owner<\/span> and the tenant<\/span> in the rental agreement<\/span> or lease. Such owner<\/span>, manager, or operator of a residential building<\/span> may also charge and collect from each tenant<\/span> additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses for administration of such a program. If the building is residential and is subject to (i) this chapter, such local government fees<\/span> and administrative expenses shall be deemed to be rent<\/span> as defined in § 55.1-1200<\/a> or (ii) the Manufactured Home Lot Rental Act (§ 55.1-1300<\/a> et seq.), such local government fees<\/span> and administrative expenses shall be deemed to be rent<\/span> as defined in § 55.1-1300<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Nothing in this section shall be construed to prohibit an owner<\/span>, manager, or operator of a residential building<\/span> from including water, sewer, electrical, natural gas, oil, or other utilities in the amount of rent<\/span> as specified in the rental agreement<\/span> or lease. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENERGY SUBMETERING, ENERGY ALLOCATION EQUIPMENT, SEWER AND WATER SUBMETERING\nEQUIPMENT, AND RATIO UTILITY BILLING SYSTEMS; LOCAL GOVERNMENT FEES (\u00a7\n55.1-1212)\n\nA. As used in this section:\n\t\t\t“Energy allocation equipment” means the same as that term is\ndefined in § 56-245.2.\n\t\t\t“Energy submetering equipment” has the same meaning ascribed to\n“submetering equipment” in § 56-245.2.\n\t\t\t“Local government fees” means any local government charges or\nfees assessed against a residential building, including charges or fees for\nstormwater, recycling, trash collection, elevator testing, fire or life safety\ntesting, or residential rental inspection programs.\n\t\t\t“Ratio utility billing system” means a program that utilizes a\nmathematical formula for allocating, among the tenants in a residential\nbuilding, the actual or anticipated water, sewer, electrical, oil, or natural\ngas billings billed to the residential building owner from a third-party\nprovider of the utility service. Permitted allocation methods may include\nformulas based on square footage, occupancy, number of bedrooms, or some other\nspecific method agreed to by the residential building owner and the tenant in\nthe rental agreement or lease.\n\t\t\t“Residential building” means all of the individual units served\nthrough the same utility-owned meter within a residential building that is\ndefined in § 56-245.2 as an apartment building or house or all of the\nindividual dwelling units served through the same utility-owned meter within a\nmanufactured home park as defined in § 55.1-1300.\n\t\t\t“Water and sewer submetering equipment” means equipment used to\nmeasure actual water or sewer usage in any residential building when such\nequipment is not owned or controlled by the utility or other provider of water\nor sewer service that provides service to the residential building.\n\nB. Energy submetering equipment, energy allocation equipment, water and sewer\nsubmetering equipment, or a ratio utility billing system may be used in a\nresidential building if clearly stated in the rental agreement or lease for the\nresidential building. All energy submetering equipment and energy allocation\nequipment shall meet the requirements and standards established and enforced by\nthe State Corporation Commission pursuant to § 56-245.3.\n\nC. If energy submetering equipment, energy allocation equipment, or water and\nsewer submetering equipment is used in any residential building, the owner,\nmanager, or operator of such residential building shall bill the tenant for\nelectricity, oil, natural gas, or water and sewer for the same billing period as\nthe utility serving the residential building, unless the rental agreement or\nlease expressly provides otherwise. The owner, manager, or operator of such\nresidential building may charge and collect from the tenant additional service\ncharges, including monthly billing fees, account set-up fees, or account\nmove-out fees, to cover the actual costs of administrative expenses and billing\ncharged to the residential building owner, manager, or operator by a third-party\nprovider of such services, provided that such charges are agreed to by the\nresidential building owner and the tenant in the rental agreement or lease. The\nresidential building owner may require the tenant to pay a late charge of up to\n$5 if the tenant fails to make payment when due, which shall not be less than 15\ndays following the date of mailing or delivery of the bill sent pursuant to this\nsection.\n\nD. If a ratio utility billing system is used in any residential building, in\nlieu of increasing the rent, the owner, manager, or operator of such residential\nbuilding may employ such a program that utilizes a mathematical formula for\nallocating, among the tenants in a residential building, the actual or\nanticipated water, sewer, electrical, oil, or natural gas billings billed to the\nresidential building owner from a third-party provider of the utility service.\nThe owner, manager, or operator of the residential building may charge and\ncollect from the tenant additional service charges, including monthly billing\nfees, account set-up fees, or account move-out fees, to cover the actual costs\nof administrative expenses and billings charged to the residential building\nowner, manager, or operator by a third-party provider of such services, provided\nthat such charges are agreed to by the residential building owner and the tenant\nin the rental agreement or lease. The residential building owner may require the\ntenant to pay a late charge of up to $5 if the tenant fails to make payment when\ndue, which shall not be less than 15 days following the date of mailing or\ndelivery of the bill sent pursuant to this section. The late charge shall be\ndeemed rent (i) as defined in § 55.1-1200 if a ratio utility billing system\nis used in a residential multifamily dwelling unit subject to this chapter or\n(ii) as defined in § 55.1-1300 if a ratio utility billing system is used in\na manufactured home park subject to the Manufactured Home Lot Rental Act (§\n55.1-1300 et seq.).\n\nE. Energy allocation equipment shall be tested periodically by the owner,\nmanager, or operator of the residential building. Upon the request by a tenant,\nthe owner shall test the energy allocation equipment without charge. The test\nconducted without charge to the tenant shall not be conducted more frequently\nthan once in a 24-month period for the same tenant. The tenant or his designated\nrepresentative may be present during the testing of the energy allocation\nequipment. A written report of the results of the test shall be made to the\ntenant within 10 working days after the completion of the test.\n\nF. The owner of any residential building shall maintain adequate records\nregarding energy submetering equipment, energy allocation equipment, water and\nsewer submetering equipment, or a ratio utility billing system. A tenant may\ninspect and copy the records for the leased premises during reasonable business\nhours at a convenient location within or serving the residential building. The\nowner of the residential building may impose and collect a reasonable charge for\ncopying documents, reflecting the actual costs of materials and labor for\ncopying, prior to providing copies of the records to the tenant.\n\nG. Notwithstanding any enforcement action undertaken by the State Corporation\nCommission pursuant to its authority under § 56-245.3, tenants and owners\nshall retain any private right of action resulting from any breach of the rental\nagreement or lease terms required by this section or § 56-245.3, if\napplicable, to the same extent as such actions may be maintained for breach of\nother terms of the rental agreement or lease under this chapter, if applicable.\nThe use of energy submetering equipment, energy allocation equipment, water and\nsewer submetering equipment, or a ratio utility billing system is not within the\njurisdiction of the Department of Agriculture and Consumer Services under\nChapter 56 (§ 3.2-5600 et seq.) of Title 3.2.\n\nH. In lieu of increasing the rent, the owner, manager, or operator of a\nresidential building may employ a program that utilizes a mathematical formula\nfor allocating the actual or anticipated local government fees billed to the\nresidential building owner among the tenants in such residential building if\nclearly stated in the rental agreement or lease. Permitted allocation methods\nmay include formulas based upon square footage, occupancy, number of bedrooms,\nor some other specific method agreed to by the residential building owner and\nthe tenant in the rental agreement or lease. Such owner, manager, or operator of\na residential building may also charge and collect from each tenant additional\nservice charges, including monthly billing fees, account set-up fees, or account\nmove-out fees, to cover the actual costs of administrative expenses for\nadministration of such a program. If the building is residential and is subject\nto (i) this chapter, such local government fees and administrative expenses\nshall be deemed to be rent as defined in § 55.1-1200 or (ii) the\nManufactured Home Lot Rental Act (§ 55.1-1300 et seq.), such local\ngovernment fees and administrative expenses shall be deemed to be rent as\ndefined in § 55.1-1300.\n\nI. Nothing in this section shall be construed to prohibit an owner, manager, or\noperator of a residential building from including water, sewer, electrical,\nnatural gas, oil, or other utilities in the amount of rent as specified in the\nrental agreement or lease.\n\nHISTORY: 1992, c. 766, \u00a7 55-226.2; 2003, c. 355; 2005, c. 278; 2010, c. 550;\n2012, c. 338; 2014, c. 501; 2015, c. 596; 2017, c. 730; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}