                                 CODE OF VIRGINIA

LANDLORD TO MAINTAIN FIT PREMISES (§ 55.1-1220)

A. The landlord shall:

   1. Comply with the requirements of applicable building and housing codes
   materially affecting health and safety;

   2. Make all repairs and do whatever is necessary to put and keep the premises
   in a fit and habitable condition;

   3. Keep all common areas shared by two or more dwelling units of a multifamily
   premises in a clean and structurally safe condition;

   4. Maintain in good and safe working order and condition all electrical,
   plumbing, sanitary, heating, ventilating, air-conditioning, and other
   facilities and appliances, including elevators, supplied or required to be
   supplied by him;

   5. Maintain the premises in such a condition as to prevent the accumulation of
   moisture and the growth of mold and promptly respond to any notices from a
   tenant as provided in subdivision A 10 of &#xA7; 55.1-1227. Where there is
   visible evidence of mold, the landlord shall promptly remediate the mold
   conditions in accordance with the requirements of subsection E of &#xA7;
   8.01-226.12 and reinspect the dwelling unit to confirm that there is no longer
   visible evidence of mold in the dwelling unit. The landlord shall provide a
   tenant with a copy of a summary of information related to mold remediation
   occurring during that tenancy and, upon request of the tenant, make available
   the full package of such information and reports not protected by
   attorney-client privilege. Once the mold has been remediated in accordance
   with professional standards, the landlord shall not be required to make
   disclosures of a past incidence of mold to subsequent tenants;

   6. Provide and maintain appropriate receptacles and conveniences for the
   collection, storage, and removal of ashes, garbage, rubbish, and other waste
   incidental to the occupancy of dwelling units and arrange for the removal of
   same;

   7. Supply running water and reasonable amounts of hot water at all times and
   reasonable air conditioning if provided and heat in season except where the
   dwelling unit is so constructed that heat, air conditioning, or hot water is
   generated by an installation within the exclusive control of the tenant or
   supplied by a direct public utility connection; and

   8. Provide a certificate to the tenant stating that all smoke alarms are
   present, have been inspected, and are in good working order no more than once
   every 12 months. The landlord, his employee, or an independent contractor may
   perform the inspection to determine that the smoke alarm is in good working
   order.

B. The landlord shall perform the duties imposed by subsection A in accordance
with law; however, the landlord shall only be liable for the tenant&#8217;s
actual damages proximately caused by the landlord&#8217;s failure to exercise
ordinary care.

C. If the duty imposed by subdivision A 1 is greater than any duty imposed by
any other subdivision of that subsection, the landlord&#8217;s duty shall be
determined by reference to subdivision A 1.

D. The landlord and tenant may agree in writing that the tenant perform the
landlord&#8217;s duties specified in subdivisions A 3, 6, and 7 and also
specified repairs, maintenance tasks, alterations, and remodeling, but only if
the transaction is entered into in good faith and not for the purpose of evading
the obligations of the landlord and if the agreement does not diminish or affect
the obligation of the landlord to other tenants in the premises.

HISTORY: 1974, c. 680, § 55-248.13; 1987, cc. 361, 636; 2000, c. 760; 2004, c.
226; 2007, c. 634; 2008, cc. 489, 640; 2009, c. 663; 2014, c. 632; 2015, c. 274;
2017, c. 730; 2018, cc. 41, 81; 2019, c. 712.