                                 CODE OF VIRGINIA

ACCESS; CONSENT; CORRECTION OF NONEMERGENCY CONDITIONS; RELOCATION OF TENANT;
SECURITY SYSTEMS (§ 55.1-1229)

A. 1. The tenant shall not unreasonably withhold consent to the landlord to
enter into the dwelling unit in order to inspect the premises; make necessary or
agreed-upon repairs, decorations, alterations, or improvements; supply necessary
or agreed-upon services; or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workmen, or contractors.

   2. If, upon inspection of a dwelling unit during the term of a tenancy, the
   landlord determines there is a violation by the tenant of &#xA7; 55.1-1227 or
   the rental agreement materially affecting health and safety that can be
   remedied by repair, replacement of a damaged item, or cleaning in accordance
   with &#xA7; 55.1-1248, the landlord may make such repairs and send the tenant
   an invoice for payment. If, upon inspection of the dwelling unit during the
   term of a tenancy, the landlord discovers a violation of the rental agreement,
   this chapter, or other applicable law, the landlord may send a written notice
   of termination pursuant to &#xA7; 55.1-1245.

   3. If the rental agreement so provides and if a tenant without reasonable
   justification declines to permit the landlord or managing agent to exhibit the
   dwelling unit for sale or lease, the landlord may recover damages, costs, and
   reasonable attorney fees against such tenant.
   				As used in this subdivision, &#8220;reasonable justification&#8221;
   includes the tenant&#8217;s reasonable concern for his own health, or the
   health of any authorized occupant, during a state of emergency declared by the
   Governor pursuant to &#xA7; 44-146.17 in response to a communicable disease of
   public health threat as defined in &#xA7; 44-146.16, provided that the tenant
   has provided written notice to the landlord informing the landlord of such
   concern. In such circumstances, the tenant shall provide to the landlord or
   managing agent a video tour of the dwelling unit or other acceptable
   substitute for exhibiting the dwelling unit for sale or lease.

   4. The landlord may enter the dwelling unit without consent of the tenant in
   case of emergency. The landlord shall not abuse the right of access or use it
   to harass the tenant. Except in case of emergency or if it is impractical to
   do so, the landlord shall give the tenant notice of his intent to enter and
   may enter only at reasonable times. Unless impractical to do so, the landlord
   shall give the tenant at least 72 hours&#8217; notice of routine maintenance
   to be performed that has not been requested by the tenant. Such routine
   maintenance shall be performed within 14 days of delivery of the notice to the
   tenant, and the notice shall state the last date on which the maintenance may
   possibly be performed. If the tenant makes a request for maintenance, the
   landlord is not required to provide notice to the tenant. Notwithstanding the
   foregoing, during a state of emergency declared by the Governor pursuant to
   &#xA7; 44-146.17 in response to a communicable disease of public health threat
   as defined in &#xA7; 44-146.16, the tenant may provide written notice to the
   landlord requesting that one or more nonemergency property conditions in the
   dwelling unit not be addressed in the normal course of business of the
   landlord due to such communicable disease of public health threat. In such
   case, the tenant shall be deemed to have waived any and all claims and rights
   under this chapter against the landlord for failure to address such
   nonemergency property conditions. At any time thereafter, the tenant may
   consent in writing to the landlord addressing such nonemergency property
   conditions in the normal course of business of the landlord. In the case of a
   tenant who has provided notice that he does not want nonemergency repairs made
   during the state of emergency due to a communicable disease of public health
   threat, the landlord may nonetheless enter the dwelling unit to do
   nonemergency repairs and maintenance with at least seven days&#8217; written
   notice to the tenant and at a time consented to by the tenant, no more than
   once every six months, provided that the employees and agents sent by the
   landlord are wearing all appropriate and reasonable personal protective
   equipment as required by state law. Furthermore, if the landlord is required
   to conduct maintenance or an inspection pursuant to the agreement for the loan
   or insurance policy that covers the dwelling unit, the tenant shall allow such
   maintenance or inspection, provided that the employees and agents sent by the
   landlord are wearing all appropriate personal protective equipment as required
   by state law.

   5. During the pendency of an unlawful detainer filed by the landlord against
   the tenant, the landlord may request the court to enter an order requiring the
   tenant to provide the landlord with access to such dwelling unit.

B. Upon the sole determination by the landlord of the existence of a
nonemergency property condition in the dwelling unit that requires the tenant to
temporarily vacate the dwelling unit in order for the landlord to properly
remedy such property condition, the landlord may, upon at least 30 days&#8217;
written notice to the tenant, require the tenant to temporarily vacate the
dwelling unit for a period not to exceed 30 days to a comparable dwelling unit,
or hotel, as selected by the landlord and at no expense or cost to the tenant.
The landlord shall not be required to pay for any other expenses of the tenant
that arise after the temporary relocation period. The landlord and tenant may
agree for the tenant to temporarily vacate the dwelling unit in less than 30
days. For purposes of this subsection, &#8220;nonemergency property
condition&#8221; means (i) a condition in the dwelling unit that, in the
determination of the landlord, is necessary for the landlord to remedy in order
for the landlord to be in compliance with &#xA7; 55.1-1220; (ii) the condition
does not need to be remedied within a 24-hour period, with any condition that
needs to be remedied within 24 hours being defined as an &#8220;emergency
condition&#8221;; and (iii) the condition can only be effectively remedied by
the temporary relocation of the tenant pursuant to the provisions of this
subsection.
			The tenant shall continue to be responsible for payment of rent under the
rental agreement during the period of any temporary relocation. The landlord
shall pay all costs of repairs or remediation required to address the
nonemergency property condition. Refusal of the tenant to cooperate with a
temporary relocation pursuant to this subsection shall be deemed a breach of the
rental agreement, unless the tenant agrees to vacate the unit and terminate the
rental agreement within the 30-day notice period. If the landlord properly
remedies the nonemergency property condition within the 30-day period, nothing
in this section shall be construed to entitle the tenant to terminate the rental
agreement. Further, nothing in this section shall be construed to limit the
landlord from taking legal action against the tenant for any noncompliance that
occurs during the period of any temporary relocation pursuant to this
subsection. During the pendency of an unlawful detainer filed by the landlord
against the tenant, the landlord may request the court to enter an order
requiring the tenant to provide the landlord with access to such dwelling unit.

C. The landlord has no other right to access except by court order or that
permitted by &#xA7;&#xA7; 55.1-1248 and 55.1-1249 or if the tenant has abandoned
or surrendered the premises.

D. The tenant may install within the dwelling unit new security systems that the
tenant may believe necessary to ensure his safety, including chain latch devices
approved by the landlord and fire detection devices, provided that:

   1. Installation does no permanent damage to any part of the dwelling unit;

   2. A duplicate of all keys and instructions for the operation of all devices
   are given to the landlord; and

   3. Upon termination of the tenancy, the tenant is responsible for payment to
   the landlord for reasonable costs incurred for the removal of all such devices
   and repairs to all damaged areas.

E. Upon written request of a tenant in a dwelling unit, the landlord shall
install a carbon monoxide alarm in the tenant&#8217;s dwelling unit within 90
days. The landlord may charge the tenant a reasonable fee to recover the costs
of the equipment and labor for such installation. The landlord&#8217;s
installation of a carbon monoxide alarm shall be in compliance with the Uniform
Statewide Building Code (&#xA7; 36-97 et seq.).

HISTORY: 1974, c. 680, § 55-248.18; 1993, c. 634; 1995, c. 601; 1999, c. 65;
2000, c. 760; 2001, c. 524; 2004, c. 307; 2008, cc. 489, 617; 2009, c. 663;
2011, c. 766; 2014, c. 632; 2015, c. 596; 2016, c. 744; 2017, c. 730; 2018, cc.
41, 81; 2019, c. 712; 2021, Sp. Sess. I, c. 409; 2024, c. 46.