                                 CODE OF VIRGINIA

LANDLORD MAY OBTAIN CERTAIN INSURANCE FOR TENANT (§ 55.1-1206)

A. A landlord may require as a condition of tenancy that a tenant have damage
insurance and pay for the cost of premiums. As provided in &#xA7; 55.1-1200,
such payments shall not be deemed a security deposit, but shall be rent.
However, as provided in &#xA7; 55.1-1208, the landlord shall not require a
tenant to pay both a security deposit and the cost of damage insurance premiums
if the total amount of any security deposit and damage insurance premiums
exceeds the amount of two months&#8217; periodic rent. The landlord shall notify
a tenant in writing that the tenant has the right to obtain a separate policy
from the landlord&#8217;s policy for damage insurance. If a tenant elects to
obtain a separate policy, the tenant shall submit to the landlord written proof
of such coverage and shall maintain such coverage at all times during the term
of the rental agreement. Where a landlord obtains damage insurance coverage on
behalf of a tenant, the insurance policy shall provide coverage for the tenant
as an insured. The landlord shall recover from the tenant the actual costs of
such insurance coverage and may recover administrative or other fees associated
with administration of a damage insurance policy, including a tenant opting out
of the insurance coverage provided by the landlord pursuant to this subsection.
If a landlord obtains damage insurance for his tenants, the landlord shall
provide to each tenant, prior to execution of the rental agreement, a summary of
the insurance policy or certificate evidencing the coverage being provided and
upon request of the tenant make available a copy of the insurance policy. For a
tenant that opts out of the landlord&#8217;s damage insurance program, the
landlord shall allow such tenant to either provide their own damage insurance
policy or pay the full security deposit.

B. A landlord may require as a condition of tenancy that a tenant have
renter&#8217;s insurance as specified in the rental agreement. A landlord may
require a tenant to pay for the cost of premiums for such renter&#8217;s
insurance obtained by the landlord, in order to provide such coverage for the
tenant as part of rent or as otherwise provided in this section. As provided in
&#xA7; 55.1-1200, such payments shall not be deemed a security deposit but shall
be rent. The landlord shall notify a tenant in writing that the tenant has the
right to obtain a separate policy from the landlord&#8217;s policy for
renter&#8217;s insurance. If a tenant elects to obtain a separate policy, the
tenant shall submit to the landlord written proof of such coverage and shall
maintain such coverage at all times during the term of the rental agreement. If
a tenant allows his renter&#8217;s insurance policy required by the rental
agreement to lapse for any reason, the landlord may provide any landlord&#8217;s
renter&#8217;s insurance coverage to such tenant. The tenant shall be obligated
to pay for the cost of premiums for such insurance as rent or as otherwise
provided herein until the tenant has provided written documentation to the
landlord showing that the tenant has reinstated his own renter&#8217;s insurance
coverage.

C. If the landlord requires that such premiums be paid to the landlord prior to
the commencement of the tenancy, the total amount of all security deposits,
insurance premiums for damage insurance, and insurance premiums for
renter&#8217;s insurance shall not exceed the amount of two months&#8217;
periodic rent. However, the landlord shall be permitted to add a monthly amount
as additional rent to recover additional costs of renter&#8217;s insurance
premiums.

D. Where a landlord obtains renter&#8217;s insurance coverage on behalf of a
tenant, the insurance policy shall provide coverage for the tenant as an
insured. The landlord shall recover from the tenant the actual costs of such
insurance coverage and may recover administrative or other fees associated with
the administration of a renter&#8217;s insurance program, including a tenant
opting out of the insurance coverage provided to the tenant pursuant to this
subsection. If a landlord obtains renter&#8217;s insurance for his tenants, the
landlord shall provide to each tenant, prior to execution of the rental
agreement, a summary of the insurance policy prepared by the insurer or
certificate evidencing the coverage being provided and upon request of the
tenant make available a copy of the insurance policy. Such summary or
certificate shall include a statement regarding whether the insurance policy
contains a waiver of subrogation provision. Any failure of the landlord to
provide such summary or certificate, or to make available a copy of the
insurance policy, shall not affect the validity of the rental agreement.
			If the rental agreement does not require the tenant to obtain renter&#8217;s
insurance, the landlord shall provide a written notice to the tenant, prior to
the execution of the rental agreement, stating that (i) the landlord is not
responsible for the tenant&#8217;s personal property, (ii) the landlord&#8217;s
insurance coverage does not cover the tenant&#8217;s personal property, and
(iii) if the tenant wishes to protect his personal property, he should obtain
renter&#8217;s insurance. The notice shall inform the tenant that any such
renter&#8217;s insurance obtained by the tenant does not cover flood damage and
advise the tenant to contact the Federal Emergency Management Agency (FEMA) or
visit the websites for FEMA&#8217;s National Flood Insurance Program or for the
Virginia Department of Conservation and Recreation&#8217;s Flood Risk
Information System to obtain information regarding whether the property is
located in a special flood hazard area. Any failure of the landlord to provide
such notice shall not affect the validity of the rental agreement. If the tenant
requests translation of the notice from the English language to another
language, the landlord may assist the tenant in obtaining a translator or refer
the tenant to an electronic translation service. In doing so, the landlord shall
not be deemed to have breached any of his obligations under this chapter or
otherwise become liable for any inaccuracies in the translation. The landlord
shall not charge a fee for such assistance or referral.

E. Nothing in this section shall be construed to prohibit the landlord from
recovering from the tenant, as part of the rent, the tenant&#8217;s prorated
share of the actual costs of other insurance coverages provided by the landlord
relative to the premises, or the tenant&#8217;s prorated share of a
self-insurance program held in an escrow account by the landlord, including the
landlord&#8217;s administrative or other fees associated with the administration
of such coverages. The landlord may apply such funds held in escrow to pay
claims pursuant to the landlord&#8217;s self-insurance plan.

HISTORY: 2004, c. 123, § 55-248.7:2; 2005, c. 285; 2010, c. 550; 2012, c. 788;
2015, c. 596; 2018, c. 221; 2019, cc. 386, 394, 712; 2020, c. 998; 2021, Sp.
Sess. I, c. 427.