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:
The tenant or prospective tenant has given prior written consent;
The information is a matter of public record as defined in § 2.2-3701;
The information is a summary of the tenant's rent payment record, including the amount of the tenant's periodic rent payment;
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;
The information is requested by a local, state, or federal law-enforcement or public safety official in the performance of his duties;
The information is requested pursuant to a subpoena in a civil case;
The information is requested by a local commissioner of the revenue in accordance with § 58.1-3901;
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;
The information is requested by a lender of the landlord for financing or refinancing of the property;
The information is requested by the commanding officer, military housing officer, or military attorney of the tenant;
The third party is the landlord's attorney; or
The information is otherwise provided in the case of an emergency."