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Q: “I have a tenant that reported the existence of mold in the dwelling unit. In response, I hired a certified mold remediator to test the home and recommend remediation, if needed. The mold remediator recommended certain work to be performed, which would not require the tenant to be relocated. However, my tenant is unsatisfied, and he refuses to allow access to the home for the remediation work. What can I do?”  

A: The Virginia Landlord Tenant Act (VRLTA) provides that tenants “shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to… make necessary or agreed-upon repairs.” (VA Code § 55.1-1229.A.1.) Virginia REALTORS® Residential Lease Form provides that landlords and property managers may enter the home upon reasonable notice to the tenant to make necessary repairs.  

Assuming the tenant is not a certified mold remediator, you may reasonably rely on the certified remediator you hired for the proper scope of work. If a tenant refuses to allow reasonable access for the landlord or property manager to perform necessary repairs, then the tenant would be in breach of the lease agreement and violate the VRLTA.  

This would likely be a remediable violation of the lease. The landlord or property manager could serve the tenant with a 21/30 notice, and if after 21 days, the tenant still refuses to allow reasonable access, the landlord can terminate the lease 30 days after the 21/30 notice was provided.  

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