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Notice Requirements of the Virginia Residential Landlord Tenant Act

Many tenants ask what their landlords can and can’t do with their personal information revealed as part of the application process. The Virginia Residential Landlord Tenant Act (VaCode § 55-248.9:1.) makes clear what protections are afforded Virginians. The Act states:.

“No landlord or managing agent shall release information about a tenant or prospective tenant in the possession of the landlord to a third party unless:

  1. The tenant or prospective tenant has given prior written consent;

  2. The information is a matter of public record as defined in § 2.2-3701;

  3. The information is a summary of the tenant's rent payment record, including the amount of the tenant's periodic rent payment;

  4. The information is a copy of a material noncompliance notice that has not been remedied or, termination notice given to the tenant under § 55-248.31 and the tenant did not remain in the premises thereafter;

  5. The information is requested by a local, state, or federal law-enforcement or public safety official in the performance of his duties;

  6. The information is requested pursuant to a subpoena in a civil case;

  7. The information is requested by a local commissioner of the revenue in accordance with § 58.1-3901;

  8. The information is requested by a contract purchaser of the landlord's property; provided the contract purchaser agrees in writing to maintain the confidentiality of such information;

  9. The information is requested by a lender of the landlord for financing or refinancing of the property;

  10. The information is requested by the commanding officer, military housing officer, or military attorney of the tenant;

  11. The third party is the landlord's attorney; or

  12. The information is otherwise provided in the case of an emergency."

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