“What is our obligation for an infestation?”
December 20, 2023
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.
Q: There is a tenant in a property we manage that has lived there for years. Recently, the tenant made us aware that the property now has an infestation of ants. What is our obligation to remedy the situation? Do we have to incur any related expenses?
A: Virginia Code Section 55.1-1220 imposes duties on landlords to maintain a fit premises. These duties include, among other things, a duty to, “[m]ake all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.” So, the landlord must remedy the infestation regardless of whether the tenant is at fault for causing the infestation. The lease will then govern who bears the cost under the circumstances. The Virginia REALTORS® standard lease, for example, assigns the cost of routine preventative application of pesticide to the landlord, while the costs of any additional pest treatment needed to address infestation will be passed on to the tenant.
What is the Legal Hotline?
The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).
Here are some tips to help make the Legal Hotline work for you!
You might also like…
“Can cooperative compensation be a condition of the buyer-broker agreement?”
By Ryan Leonard - July 24, 2024
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section. Q:… Read More
Your Guide to Tenant Confidentiality According to the VRLTA
By Jon Haley - July 17, 2024
Keeping information received from tenants and prospective tenants confidential is one of your most important responsibilities as a property manager. Luckily, the VRLTA provides a pretty thorough list… Read More
“A home I’m listing borders land where a mixed-use development is planned. As a dual agent, must I disclose this?”
By Sean Olk - July 15, 2024
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.… Read More