Written by attorney Rixon Charles Rafter III

Landlord Responsibilities for Remediation of Mold that is a Serious Health or Safety Concern

If there is mold in your rented apartment or townhome serious enough to cause health issues your landlord has specific responsibility, including paying for your relocation while the mold is remediated.

The Virginia Residential Landlord Tenant Act provides that Where a mold condition in the property materially affects the health or safety of any tenant or authorized occupant, the landlord may require the tenant to temporarily vacate the dwelling unit in order for the landlord to perform mold remediation in accordance with professional standards as defined in Virginia’s Residential Landlord Tenant Act for a period not to exceed 30 days.

The landlord will provide the tenant with either (i) a comparable dwelling unit, as

selected by the landlord, at no expense or cost to the tenant, or (ii) a hotel room, at no expense or cost to the tenant.

The tenant will continue to be responsible for payment of rent under the rental agreement during the period of any temporary relocation and for the remainder of the term of the rental agreement following the remediation.

Nothing in this section shall be construed as entitling the tenant to a termination of a tenancy where or when the landlord has remediated a mold condition in accordance with professional standards.

The landlord shall pay all costs of the mold remediation, unless the mold is a result of the tenant's failure to comply with the Virginia Residential Landlord Tenant Act.

See the Virginia Residential Landlord Tenant Act for additional guidance.

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