{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-226.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-226.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-226.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-226.12.html"}],"law_id":58887,"edition_id":1,"section_id":58887,"structure_id":13673,"section_number":"8.01-226.12","catch_line":"Duty of landlord and managing agent with respect to visible mold","history":"2008, cc. 162, 341.","full_text":"A\n\nAs used in this section, the following definitions apply:\n\t\t\t&#8220;Authorized occupant&#8221; means a person entitled to occupy a dwelling unit with the consent of the landlord, but who has not signed the rental agreement and therefore does not have the rights and obligations as a tenant under the rental agreement.\n\t\t\t&#8220;Dwelling unit&#8221; means a structure or part of a structure that is used as a home or residence by one or more persons who maintain a household, whether single family or multifamily, including, but not limited to, a manufactured home.\n\t\t\t&#8220;Guest or invitee&#8221; means a person, other than the tenant or person authorized by the landlord to occupy the dwelling unit, who has the permission of the tenant to visit but not to occupy the premises.\n\t\t\t&#8220;Interior of the dwelling unit&#8221; means the inside of the dwelling unit, consisting of interior walls, floor, and ceiling that enclose the dwelling unit as conditioned space from the outside air.\n\t\t\t&#8220;Landlord&#8221; means the owner or lessor of the dwelling unit or the building of which such residential dwelling unit is a part. &#8220;Landlord&#8221; also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of &#xA7; 16.1-88.03.\n\t\t\t&#8220;Managing agent&#8221; means a person authorized by the landlord to act on behalf of the landlord under an agreement.\n\t\t\t&#8220;Mold remediation in accordance with professional standards&#8221; means mold remediation of that portion of the dwelling unit or premises affected by mold, or any personal property of the tenant affected by mold, performed consistent with guidance documents published by the United States Environmental Protection Agency, the United States Department of Housing and Urban Development, the American Conference of Governmental Industrial Hygienists (the Bioaerosols Manual), Standard Reference Guides of the Institute of Inspection, Cleaning and Restoration for Water Damage Restoration and Professional Mold Remediation, or any protocol for mold remediation prepared by an industrial hygienist consistent with said guidance documents.\n\t\t\t&#8220;Notice&#8221; means notice given in writing by either regular mail or hand delivery, with sender retaining sufficient proof of having given such notice, which may be either a United States postal certificate of mailing or a certificate of service confirming such mailing prepared by the sender. However, a person shall be deemed to have notice of a fact if he has actual knowledge of it, or he received a verbal notice of it. A person &#8220;notifies&#8221; or &#8220;gives&#8221; a notice or notification to another by taking steps reasonably calculated to inform another person whether or not the other person actually comes to know of it. If a notice given is not in writing, the person giving the notice has the burden of proof to show that the notice was given to the recipient of the notice.\n\t\t\t&#8220;Readily accessible&#8221; means areas within the interior of the dwelling unit available for observation at the time of the move-in inspection that do not require removal of materials, personal property, equipment, or similar items.\n\t\t\t&#8220;Tenant&#8221;  means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. Tenant shall not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.\n\t\t\t&#8220;Visible evidence of mold&#8221; means the existence of mold in the residential dwelling unit that is visible to the naked eye of the landlord or tenant at the time of the move-in inspection.\n\t\t\tAny term not expressly defined herein shall have the same meaning as those defined in &#xA7; 55.1-1200.B\n\nNeither the landlord nor the managing agent shall be liable for civil damages in any personal injury or wrongful death action brought by a tenant, authorized occupant, or guest or invitee for exposure to mold arising from the condition within the interior of a dwelling unit, or for any property damage claims arising out of the landlord-tenant relationship, if the mold condition is caused solely by the negligence of the tenant.C\n\nA managing agent with no maintenance responsibilities shall not be liable for civil damages in any personal injury or wrongful death action brought by the tenant, authorized occupant, or guest or invitee for exposure to mold, or for any property damage claims arising out of the residential landlord-tenant relationship, unless the managing agent fails to disclose the existence of a mold condition of which the managing agent has actual knowledge to the landlord and any prospective or actual tenants.D\n\nIf the written move-in inspection report authorized under Chapter 12 (&#xA7; 55.1-1200 et seq.) of Title 55.1 reflects that there is no visible evidence of mold in areas readily accessible within the interior of the dwelling unit, and the tenant does not object thereto in writing within five days after receiving the report, there shall be a rebuttable presumption that no mold existed at the time of the move-in inspection.E\n\nIf visible evidence of mold occurs within the dwelling unit, the landlord or managing agent with the maintenance responsibilities shall, exercising ordinary care, perform mold remediation in accordance with professional standards.F\n\nThe landlord or managing agent with maintenance responsibilities shall comply with any other applicable provisions of law.","order_by":null,"text":{"0":{"id":215907,"text":"As used in this section, the following definitions apply:\n\t\t\t&#8220;Authorized occupant&#8221; means a person entitled to occupy a dwelling unit with the consent of the landlord, but who has not signed the rental agreement and therefore does not have the rights and obligations as a tenant under the rental agreement.\n\t\t\t&#8220;Dwelling unit&#8221; means a structure or part of a structure that is used as a home or residence by one or more persons who maintain a household, whether single family or multifamily, including, but not limited to, a manufactured home.\n\t\t\t&#8220;Guest or invitee&#8221; means a person, other than the tenant or person authorized by the landlord to occupy the dwelling unit, who has the permission of the tenant to visit but not to occupy the premises.\n\t\t\t&#8220;Interior of the dwelling unit&#8221; means the inside of the dwelling unit, consisting of interior walls, floor, and ceiling that enclose the dwelling unit as conditioned space from the outside air.\n\t\t\t&#8220;Landlord&#8221; means the owner or lessor of the dwelling unit or the building of which such residential dwelling unit is a part. &#8220;Landlord&#8221; also includes a managing agent of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such managing agent shall be subject to the provisions of &#xA7; 16.1-88.03.\n\t\t\t&#8220;Managing agent&#8221; means a person authorized by the landlord to act on behalf of the landlord under an agreement.\n\t\t\t&#8220;Mold remediation in accordance with professional standards&#8221; means mold remediation of that portion of the dwelling unit or premises affected by mold, or any personal property of the tenant affected by mold, performed consistent with guidance documents published by the United States Environmental Protection Agency, the United States Department of Housing and Urban Development, the American Conference of Governmental Industrial Hygienists (the Bioaerosols Manual), Standard Reference Guides of the Institute of Inspection, Cleaning and Restoration for Water Damage Restoration and Professional Mold Remediation, or any protocol for mold remediation prepared by an industrial hygienist consistent with said guidance documents.\n\t\t\t&#8220;Notice&#8221; means notice given in writing by either regular mail or hand delivery, with sender retaining sufficient proof of having given such notice, which may be either a United States postal certificate of mailing or a certificate of service confirming such mailing prepared by the sender. However, a person shall be deemed to have notice of a fact if he has actual knowledge of it, or he received a verbal notice of it. A person &#8220;notifies&#8221; or &#8220;gives&#8221; a notice or notification to another by taking steps reasonably calculated to inform another person whether or not the other person actually comes to know of it. If a notice given is not in writing, the person giving the notice has the burden of proof to show that the notice was given to the recipient of the notice.\n\t\t\t&#8220;Readily accessible&#8221; means areas within the interior of the dwelling unit available for observation at the time of the move-in inspection that do not require removal of materials, personal property, equipment, or similar items.\n\t\t\t&#8220;Tenant&#8221;  means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. Tenant shall not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.\n\t\t\t&#8220;Visible evidence of mold&#8221; means the existence of mold in the residential dwelling unit that is visible to the naked eye of the landlord or tenant at the time of the move-in inspection.\n\t\t\tAny term not expressly defined herein shall have the same meaning as those defined in &#xA7; 55.1-1200.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215908,"text":"Neither the landlord nor the managing agent shall be liable for civil damages in any personal injury or wrongful death action brought by a tenant, authorized occupant, or guest or invitee for exposure to mold arising from the condition within the interior of a dwelling unit, or for any property damage claims arising out of the landlord-tenant relationship, if the mold condition is caused solely by the negligence of the tenant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":215909,"text":"A managing agent with no maintenance responsibilities shall not be liable for civil damages in any personal injury or wrongful death action brought by the tenant, authorized occupant, or guest or invitee for exposure to mold, or for any property damage claims arising out of the residential landlord-tenant relationship, unless the managing agent fails to disclose the existence of a mold condition of which the managing agent has actual knowledge to the landlord and any prospective or actual tenants.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":215910,"text":"If the written move-in inspection report authorized under Chapter 12 (&#xA7; 55.1-1200 et seq.) of Title 55.1 reflects that there is no visible evidence of mold in areas readily accessible within the interior of the dwelling unit, and the tenant does not object thereto in writing within five days after receiving the report, there shall be a rebuttable presumption that no mold existed at the time of the move-in inspection.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":215911,"text":"If visible evidence of mold occurs within the dwelling unit, the landlord or managing agent with the maintenance responsibilities shall, exercising ordinary care, perform mold remediation in accordance with professional standards.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":215912,"text":"The landlord or managing agent with maintenance responsibilities shall comply with any other applicable provisions of law.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13673,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"21","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":280429,"object_type":"structure","relational_id":13673,"identifier":"21","token":"8.01\/3\/21","url":"\/8.01\/3\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85637,"structure_id":13673,"section_number":"8.01-218","catch_line":"Replevin abolished","url":"\/8.01-218\/","token":"8.01\/3\/21\/8.01-218","metadata":false},{"id":63478,"structure_id":13673,"section_number":"8.01-219","catch_line":"Effect of judgment in trover","url":"\/8.01-219\/","token":"8.01\/3\/21\/8.01-219","metadata":false},{"id":69240,"structure_id":13673,"section_number":"8.01-219.1","catch_line":"Responsibility of possessor of real property for harm to trespasser","url":"\/8.01-219.1\/","token":"8.01\/3\/21\/8.01-219.1","metadata":false},{"id":59967,"structure_id":13673,"section_number":"8.01-220","catch_line":"Action for alienation of affection, breach of promise, criminal conversation and seduction abolished","url":"\/8.01-220\/","token":"8.01\/3\/21\/8.01-220","metadata":false},{"id":81694,"structure_id":13673,"section_number":"8.01-220.1","catch_line":"Defense of interspousal immunity abolished as to certain causes of action arising on or after July 1, 1981","url":"\/8.01-220.1\/","token":"8.01\/3\/21\/8.01-220.1","metadata":false},{"id":63670,"structure_id":13673,"section_number":"8.01-220.1:1","catch_line":"Civil immunity for officers, partners, members, managers, trustees and directors of certain tax exempt organizations","url":"\/8.01-220.1_1\/","token":"8.01\/3\/21\/8.01-220.1_1","metadata":false},{"id":63952,"structure_id":13673,"section_number":"8.01-220.1:2","catch_line":"Civil immunity for teachers under certain circumstances","url":"\/8.01-220.1_2\/","token":"8.01\/3\/21\/8.01-220.1_2","metadata":false},{"id":83867,"structure_id":13673,"section_number":"8.01-220.1:3","catch_line":"Immunity for members of church, synagogue or religious body","url":"\/8.01-220.1_3\/","token":"8.01\/3\/21\/8.01-220.1_3","metadata":false},{"id":79768,"structure_id":13673,"section_number":"8.01-220.1:4","catch_line":"Civil immunity for officers and directors of certain nonprofit organizations","url":"\/8.01-220.1_4\/","token":"8.01\/3\/21\/8.01-220.1_4","metadata":false},{"id":61961,"structure_id":13673,"section_number":"8.01-220.1:5","catch_line":"Defense of intra-family immunity abolished for wrongful death 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adult day centers during a disaster under specific circumstances","url":"\/8.01-225.03\/","token":"8.01\/3\/21\/8.01-225.03","metadata":false},{"id":79175,"structure_id":13673,"section_number":"8.01-225.1","catch_line":"Immunity for team physicians","url":"\/8.01-225.1\/","token":"8.01\/3\/21\/8.01-225.1","metadata":false},{"id":59977,"structure_id":13673,"section_number":"8.01-225.2","catch_line":"Immunity for those rendering emergency care to animals","url":"\/8.01-225.2\/","token":"8.01\/3\/21\/8.01-225.2","metadata":false},{"id":63782,"structure_id":13673,"section_number":"8.01-225.3","catch_line":"Immunity for volunteer first responders en route to an emergency","url":"\/8.01-225.3\/","token":"8.01\/3\/21\/8.01-225.3","metadata":false},{"id":61793,"structure_id":13673,"section_number":"8.01-226","catch_line":"Duty of care to law-enforcement officers, firefighters, 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shoplifting","url":"\/8.01-226.9\/","token":"8.01\/3\/21\/8.01-226.9","metadata":false},{"id":67597,"structure_id":13673,"section_number":"8.01-227","catch_line":"Remedy by motion on certain bonds given or taken by officers; notice","url":"\/8.01-227\/","token":"8.01\/3\/21\/8.01-227","metadata":false}],"previous_section":{"id":69522,"structure_id":13673,"section_number":"8.01-226.11","catch_line":"Civil immunity for operation of victim notification program","url":"\/8.01-226.11\/","token":"8.01\/3\/21\/8.01-226.11","metadata":false},"next_section":{"id":55958,"structure_id":13673,"section_number":"8.01-226.13","catch_line":"Limited standing to seek injunctive relief against manufacturing companies","url":"\/8.01-226.13\/","token":"8.01\/3\/21\/8.01-226.13","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-226.12\/","history_text":"<p>This law was first created in 2008. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0162\">162<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0341\">341<\/a> 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.<\/p>","references":[{"id":74964,"section_number":"55.1-1220","catch_line":"Landlord to maintain fit premises","order_by":null,"url":"\/55.1-1220\/"}],"refers_to":[{"id":81566,"section_number":"16.1-88.03","catch_line":"Pleadings and other papers by certain parties not represented by attorneys","order_by":null,"url":"\/16.1-88.03\/"},{"id":61413,"section_number":"55.1-1200","catch_line":"Definitions","order_by":null,"url":"\/55.1-1200\/"}],"permalink":{"id":280551,"object_type":"law","relational_id":58887,"identifier":"8.01-226.12","token":"8.01\/3\/21\/8.01-226.12","url":"\/8.01-226.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-226.12\/","token":"8.01\/3\/21\/8.01-226.12","dublin_core":{"Title":"Duty of landlord and managing agent with respect to visible mold","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-226.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this section, the following definitions apply:\n\t\t\t&#8220;<span class=\"dictionary\">Authorized occupant<\/span>&#8221; means a <span class=\"dictionary\">person<\/span> entitled to occupy a dwelling unit with the consent of the <span class=\"dictionary\">landlord<\/span>, but who has not signed the rental agreement and therefore does not have the rights and obligations as a <span class=\"dictionary\">tenant<\/span> under the rental agreement.\n\t\t\t&#8220;Dwelling unit&#8221; means a structure or part of a structure that is used as a home or residence by one or more <span class=\"dictionary\">persons<\/span> who maintain a household, whether single family or multifamily, including, but not limited to, a manufactured home.\n\t\t\t&#8220;<span class=\"dictionary\">Guest or invitee<\/span>&#8221; means a <span class=\"dictionary\">person<\/span>, other than the <span class=\"dictionary\">tenant<\/span> or <span class=\"dictionary\">person<\/span> authorized by the <span class=\"dictionary\">landlord<\/span> to occupy the dwelling unit, who has the permission of the <span class=\"dictionary\">tenant<\/span> to visit but not to occupy the premises.\n\t\t\t&#8220;<span class=\"dictionary\">Interior of the dwelling unit<\/span>&#8221; means the inside of the dwelling unit, consisting of interior walls, floor, and ceiling that enclose the dwelling unit as conditioned space from the outside air.\n\t\t\t&#8220;<span class=\"dictionary\">Landlord<\/span>&#8221; means the owner or lessor of the dwelling unit or the building of which such residential dwelling unit is a part. &#8220;<span class=\"dictionary\">Landlord<\/span>&#8221; also includes a <span class=\"dictionary\">managing agent<\/span> of the premises who fails to disclose the name of such owner, lessor, or sublessor. Such <span class=\"dictionary\">managing agent<\/span> shall be subject to the provisions of &#xA7; <a class=\"law\" title=\"Pleadings and other papers by certain parties not represented by attorneys\" href=\"\/16.1-88.03\/\">16.1-88.03<\/a>.\n\t\t\t&#8220;<span class=\"dictionary\">Managing agent<\/span>&#8221; means a <span class=\"dictionary\">person<\/span> authorized by the <span class=\"dictionary\">landlord<\/span> to act on behalf of the <span class=\"dictionary\">landlord<\/span> under an agreement.\n\t\t\t&#8220;<span class=\"dictionary\">Mold remediation in accordance with professional standards<\/span>&#8221; means mold remediation of that portion of the dwelling unit or premises affected by mold, or any personal property of the <span class=\"dictionary\">tenant<\/span> affected by mold, performed consistent with guidance documents published by the United States Environmental Protection Agency, the United States Department of Housing and Urban Development, the American Conference of Governmental Industrial Hygienists (the Bioaerosols Manual), Standard Reference Guides of the Institute of Inspection, Cleaning and Restoration for Water Damage Restoration and Professional Mold Remediation, or any protocol for mold remediation prepared by an industrial hygienist consistent with said guidance documents.\n\t\t\t&#8220;<span class=\"dictionary\">Notice<\/span>&#8221; means <span class=\"dictionary\">notice<\/span> given in writing by either regular mail or hand delivery, with sender retaining sufficient proof of having given such <span class=\"dictionary\">notice<\/span>, which may be either a United States postal certificate of mailing or a certificate of service confirming such mailing prepared by the sender. However, a <span class=\"dictionary\">person<\/span> shall be deemed to have <span class=\"dictionary\">notice<\/span> of a <span class=\"dictionary\">fact<\/span> if he has actual knowledge of it, or he received a verbal <span class=\"dictionary\">notice<\/span> of it. A <span class=\"dictionary\">person<\/span> &#8220;<span class=\"dictionary\">notifies<\/span>&#8221; or &#8220;<span class=\"dictionary\">gives<\/span>&#8221; a <span class=\"dictionary\">notice<\/span> or notification to another by taking steps reasonably calculated to inform another <span class=\"dictionary\">person<\/span> whether or not the other <span class=\"dictionary\">person<\/span> actually comes to know of it. If a <span class=\"dictionary\">notice<\/span> given is not in writing, the <span class=\"dictionary\">person<\/span> giving the <span class=\"dictionary\">notice<\/span> has the <span class=\"dictionary\">burden of proof<\/span> to show that the <span class=\"dictionary\">notice<\/span> was given to the recipient of the <span class=\"dictionary\">notice<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Readily accessible<\/span>&#8221; means areas within the <span class=\"dictionary\">interior of the dwelling unit<\/span> available for observation at the time of the move-in inspection that do not require removal of <span class=\"dictionary\">materials<\/span>, personal property, equipment, or similar items.\n\t\t\t&#8220;<span class=\"dictionary\">Tenant<\/span>&#8221;  means a <span class=\"dictionary\">person<\/span> entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. <span class=\"dictionary\">Tenant<\/span> shall not include (i) an <span class=\"dictionary\">authorized occupant<\/span>, (ii) a <span class=\"dictionary\">guest or invitee<\/span>, or (iii) any <span class=\"dictionary\">person<\/span> who guarantees or cosigns the payment of the financial obligations of a rental agreement but has no right to occupy a dwelling unit.\n\t\t\t&#8220;<span class=\"dictionary\">Visible evidence of mold<\/span>&#8221; means the existence of mold in the residential dwelling unit that is visible to the naked eye of the <span class=\"dictionary\">landlord<\/span> or <span class=\"dictionary\">tenant<\/span> at the time of the move-in inspection.\n\t\t\tAny term not expressly defined herein shall have the same meaning as those defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/55.1-1200\/\">55.1-1200<\/a>. <a id=\"paragraph-215907\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-226.12\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Neither the <span class=\"dictionary\">landlord<\/span> nor the <span class=\"dictionary\">managing agent<\/span> shall be liable for civil <span class=\"dictionary\">damages<\/span> in any personal injury or wrongful death <span class=\"dictionary\">action<\/span> brought by a <span class=\"dictionary\">tenant<\/span>, <span class=\"dictionary\">authorized occupant<\/span>, or <span class=\"dictionary\">guest or invitee<\/span> for exposure to mold arising from the condition within the interior of a dwelling unit, or for any property damage claims arising out of the <span class=\"dictionary\">landlord<\/span>-<span class=\"dictionary\">tenant<\/span> relationship, if the mold condition is caused solely by the <span class=\"dictionary\">negligence<\/span> of the <span class=\"dictionary\">tenant<\/span>. <a id=\"paragraph-215908\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-226.12\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> A <span class=\"dictionary\">managing agent<\/span> with no maintenance responsibilities shall not be liable for civil <span class=\"dictionary\">damages<\/span> in any personal injury or wrongful death <span class=\"dictionary\">action<\/span> brought by the <span class=\"dictionary\">tenant<\/span>, <span class=\"dictionary\">authorized occupant<\/span>, or <span class=\"dictionary\">guest or invitee<\/span> for exposure to mold, or for any property damage claims arising out of the residential <span class=\"dictionary\">landlord<\/span>-<span class=\"dictionary\">tenant<\/span> relationship, unless the <span class=\"dictionary\">managing agent<\/span> fails to disclose the existence of a mold condition of which the <span class=\"dictionary\">managing agent<\/span> has actual knowledge to the <span class=\"dictionary\">landlord<\/span> and any prospective or actual <span class=\"dictionary\">tenants<\/span>. <a id=\"paragraph-215909\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-226.12\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> If the written move-in inspection report authorized under Chapter 12 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/55.1-1200\/\">55.1-1200<\/a> et seq.) of Title 55.1 reflects that there is no <span class=\"dictionary\">visible evidence of mold<\/span> in areas <span class=\"dictionary\">readily accessible<\/span> within the <span class=\"dictionary\">interior of the dwelling unit<\/span>, and the <span class=\"dictionary\">tenant<\/span> does not <span class=\"dictionary\">object<\/span> thereto in writing within five days after receiving the report, there shall be a rebuttable <span class=\"dictionary\">presumption<\/span> that no mold existed at the time of the move-in inspection. <a id=\"paragraph-215910\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-226.12\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> If <span class=\"dictionary\">visible evidence of mold<\/span> occurs within the dwelling unit, the <span class=\"dictionary\">landlord<\/span> or <span class=\"dictionary\">managing agent<\/span> with the maintenance responsibilities shall, exercising ordinary care, perform <span class=\"dictionary\">mold remediation in accordance with professional standards<\/span>. <a id=\"paragraph-215911\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-226.12\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The <span class=\"dictionary\">landlord<\/span> or <span class=\"dictionary\">managing agent<\/span> with maintenance responsibilities shall comply with any other applicable provisions of <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-215912\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/8.01-226.12\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDUTY OF LANDLORD AND MANAGING AGENT WITH RESPECT TO VISIBLE MOLD (\u00a7\n8.01-226.12)\n\nA. As used in this section, the following definitions apply:\n\t\t\t&#8220;Authorized occupant&#8221; means a person entitled to occupy a\ndwelling unit with the consent of the landlord, but who has not signed the\nrental agreement and therefore does not have the rights and obligations as a\ntenant under the rental agreement.\n\t\t\t&#8220;Dwelling unit&#8221; means a structure or part of a structure that is\nused as a home or residence by one or more persons who maintain a household,\nwhether single family or multifamily, including, but not limited to, a\nmanufactured home.\n\t\t\t&#8220;Guest or invitee&#8221; means a person, other than the tenant or\nperson authorized by the landlord to occupy the dwelling unit, who has the\npermission of the tenant to visit but not to occupy the premises.\n\t\t\t&#8220;Interior of the dwelling unit&#8221; means the inside of the dwelling\nunit, consisting of interior walls, floor, and ceiling that enclose the dwelling\nunit as conditioned space from the outside air.\n\t\t\t&#8220;Landlord&#8221; means the owner or lessor of the dwelling unit or the\nbuilding of which such residential dwelling unit is a part.\n&#8220;Landlord&#8221; also includes a managing agent of the premises who fails\nto disclose the name of such owner, lessor, or sublessor. Such managing agent\nshall be subject to the provisions of &#xA7; 16.1-88.03.\n\t\t\t&#8220;Managing agent&#8221; means a person authorized by the landlord to act\non behalf of the landlord under an agreement.\n\t\t\t&#8220;Mold remediation in accordance with professional standards&#8221;\nmeans mold remediation of that portion of the dwelling unit or premises affected\nby mold, or any personal property of the tenant affected by mold, performed\nconsistent with guidance documents published by the United States Environmental\nProtection Agency, the United States Department of Housing and Urban\nDevelopment, the American Conference of Governmental Industrial Hygienists (the\nBioaerosols Manual), Standard Reference Guides of the Institute of Inspection,\nCleaning and Restoration for Water Damage Restoration and Professional Mold\nRemediation, or any protocol for mold remediation prepared by an industrial\nhygienist consistent with said guidance documents.\n\t\t\t&#8220;Notice&#8221; means notice given in writing by either regular mail or\nhand delivery, with sender retaining sufficient proof of having given such\nnotice, which may be either a United States postal certificate of mailing or a\ncertificate of service confirming such mailing prepared by the sender. However,\na person shall be deemed to have notice of a fact if he has actual knowledge of\nit, or he received a verbal notice of it. A person &#8220;notifies&#8221; or\n&#8220;gives&#8221; a notice or notification to another by taking steps\nreasonably calculated to inform another person whether or not the other person\nactually comes to know of it. If a notice given is not in writing, the person\ngiving the notice has the burden of proof to show that the notice was given to\nthe recipient of the notice.\n\t\t\t&#8220;Readily accessible&#8221; means areas within the interior of the\ndwelling unit available for observation at the time of the move-in inspection\nthat do not require removal of materials, personal property, equipment, or\nsimilar items.\n\t\t\t&#8220;Tenant&#8221;  means a person entitled under a rental agreement to\noccupy a dwelling unit to the exclusion of others. Tenant shall not include (i)\nan authorized occupant, (ii) a guest or invitee, or (iii) any person who\nguarantees or cosigns the payment of the financial obligations of a rental\nagreement but has no right to occupy a dwelling unit.\n\t\t\t&#8220;Visible evidence of mold&#8221; means the existence of mold in the\nresidential dwelling unit that is visible to the naked eye of the landlord or\ntenant at the time of the move-in inspection.\n\t\t\tAny term not expressly defined herein shall have the same meaning as those\ndefined in &#xA7; 55.1-1200.\n\nB. Neither the landlord nor the managing agent shall be liable for civil damages\nin any personal injury or wrongful death action brought by a tenant, authorized\noccupant, or guest or invitee for exposure to mold arising from the condition\nwithin the interior of a dwelling unit, or for any property damage claims\narising out of the landlord-tenant relationship, if the mold condition is caused\nsolely by the negligence of the tenant.\n\nC. A managing agent with no maintenance responsibilities shall not be liable for\ncivil damages in any personal injury or wrongful death action brought by the\ntenant, authorized occupant, or guest or invitee for exposure to mold, or for\nany property damage claims arising out of the residential landlord-tenant\nrelationship, unless the managing agent fails to disclose the existence of a\nmold condition of which the managing agent has actual knowledge to the landlord\nand any prospective or actual tenants.\n\nD. If the written move-in inspection report authorized under Chapter 12 (&#xA7;\n55.1-1200 et seq.) of Title 55.1 reflects that there is no visible evidence of\nmold in areas readily accessible within the interior of the dwelling unit, and\nthe tenant does not object thereto in writing within five days after receiving\nthe report, there shall be a rebuttable presumption that no mold existed at the\ntime of the move-in inspection.\n\nE. If visible evidence of mold occurs within the dwelling unit, the landlord or\nmanaging agent with the maintenance responsibilities shall, exercising ordinary\ncare, perform mold remediation in accordance with professional standards.\n\nF. The landlord or managing agent with maintenance responsibilities shall comply\nwith any other applicable provisions of law.\n\nHISTORY: 2008, cc. 162, 341.","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}}