Virginia Rules Regarding Mold in Rental Properties

Every landlord should take mold seriously. A top environmental hazard, mold thrives in warm, damp places, and often grows quickly in basements, attics, and other parts of buildings with poor ventilation and humidity problems. Although mold is often associated with buildings in wet climates, no rental property is immune from a mold outbreak, as one can occur following an unattended spill, faulty plumbing, or even a misdirected lawn sprinkler.

If you own or manage a rental property in Virginia, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.

If you're a tenant, it's important for you to understand your rights—and responsibilities—when it comes to the presence of mold in your rental.

Tenants' Responsibilities Regarding Mold in Rentals

Virginia law requires tenants to use "reasonable efforts" to maintain their rental in a way that prevents accumulation of moisture and the growth of mold. It also requires tenants to promptly notify their landlord of any moisture accumulation or mold. (Va. Code § 55.1-1227(A)(10) (2024).)

Tenants who don't properly maintain their rental can be held responsible for the costs of mold remediation. (Va. Code § 55.1-1231 (2024).)

Landlord Liability for Mold in Virginia

There is currently no federal law covering a landlord's responsibilities when it comes to mold. However, Virginia law specifically requires landlords to take steps to prevent the accumulation of moisture and the growth of mold. (Va. Code § 55.1-1220(5) (2024).)

Tenant Relocation During Remediation

When mold affects the health or safety of a tenant, the landlord can require the tenant to relocate for no more than 30 days while the remediation takes place. The landlord must provide the tenant with either a comparable rental or a hotel room at no cost to the tenant. The tenant must continue to pay rent during the relocation period. (Va. Code § 55.1-1231 (2024).)

Mold Disclosure Requirements in Virginia

When alerted to the presence of mold, landlords must promptly remediate, and after remediation, reinspect the rental to make sure that there is no more visible mold. The landlord must also provide the tenant with a summary of the mold remediation and, if the tenant requests it, provide all the information related to the remediation. As long as the mold is fully remediated, the landlord has no continuing disclosure requirements.

Pre-Move-In Mold Disclosures

Virginia landlords are required to provide an itemized inspection report to tenants within five days of when the tenant moves in. As part of that report, landlords must disclose any visible evidence of mold in areas readily accessible within the interior of the dwelling. If the report doesn't disclose any mold, it is deemed correct unless the tenant objects to it within five days of receiving it.

If the report discloses the presence of mold, the tenant has the choice to either end the tenancy or stay. If the tenant stays, the landlord must remediate the mold within five days of the tenant deciding to stay. The landlord must then reinspect the rental to confirm that there isn't any visible evidence of mold, and prepare a new report stating the same. (Va. Code §§ 55.1-1214, 55.1-1215 (2024).)

Tenant Self-Help Strategies in Virginia

Courts in Virginia have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Va. Code § 55.1-1244 (2024).) (Note that regardless of what might appear in a written lease, landlords in Virginia are bound by the "implied warranty of habitability," a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent. (Va. Code § 55.1-1244.1 (2024).)

Virginia tenants can also report their landlord to the Virginia Office of the Attorney General's Consumer Protection Section.

Deducting Mold-Related Costs from Security Deposits in Virginia

If a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, the landlord might wish to deduct the cost of cleaning from that tenant's security deposit. Virginia law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 45 days of the tenant's lease termination. If this amount is less than the security deposit, the landlord must return the remainder of the deposit to the tenant along with the written documentation of damage deductions. (Va. Code § 55.1-1226 (2024)).

Preventing Mold Problems

Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover. For more information about mold in the home, visit the Environmental Protection Agency's mold website.

The Virginia Department of Health also offers a wealth of mold resources on its website.