“Are landlords responsible for pest control after the recent court decision?”
August 20, 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: Are landlords responsible for pest control after the decision in Parrish v. Vance?
A: Parrish v. Vance was decided on March 12, 2024, by the Court of Appeals of Virginia. You can read the full decision here. I encourage you to take a moment to read it, it is not a lengthy decision; however, it is an important one.
I’ll also provide you with the shortened version. The court found that the VRLTA Subsection A of Code § 55.1-1208 explicitly says that any provision in a lease agreement that purports to waive a tenant’s rights or remedies as required by law is unenforceable. The court also asked itself whether there is a warranty of habitability; the answer is yes, the VRLTA does provide for it, and it cannot be waived. It is the landlord’s duty, according to the VRLTA.
The landlord must follow applicable building and housing codes that affect health and safety; and make all repairs and do whatever necessary to put and keep the premises habitable.
In short, if there is a condition that affects the health and safety or habitability, the landlord must act. This decision does not affect in any way what can be charged to the tenant per the VRLTA. If the tenant caused the condition, then they can be charged for it, as is customary and allowable by law.
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