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Overview
Virginia is one of the few states with specific mold legislation incorporated into its landlord-tenant laws. The Virginia Residential Landlord and Tenant Act (VRLTA), codified in Code of Virginia Title 55.1, Chapter 12, includes explicit provisions addressing mold disclosure, prevention, and remediation in rental properties. Landlords must maintain premises to prevent moisture accumulation and mold growth, must disclose visible mold at move-in, and must remediate mold conditions in accordance with professional standards. Virginia law also establishes tenant obligations to prevent mold and provides specific remedies including tenant relocation during remediation. [Code of Virginia Section 55.1-1220 - Landlord to maintain fit premises]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Mold Disclosure at Move-In
Virginia tenants have the right to receive written disclosure of any visible mold in the dwelling unit as part of the move-in inspection report. If the landlord discloses visible mold, the tenant may terminate the lease and not take possession, or may request to remain and require the landlord to remediate the mold within five business days.
[Code of Virginia Section 55.1-1215 - Disclosure of mold in dwelling units]
Right to Prompt Mold Remediation
When visible mold is present, tenants have the right to prompt remediation by the landlord in accordance with professional standards. The landlord must reinspect the unit to confirm mold has been removed and provide the tenant with a summary of remediation information. Upon request, tenants can access the full remediation documentation.
[Code of Virginia Section 55.1-1220 - Landlord to maintain fit premises]
Landlord Responsibilities
Prevent Moisture and Mold Accumulation
Landlords must maintain the premises in a condition that prevents the accumulation of moisture and the growth of mold. This includes addressing water leaks, ensuring proper ventilation, maintaining weatherproofing, and promptly responding to tenant reports of moisture problems.
[Code of Virginia Section 55.1-1220 - Landlord to maintain fit premises]
Disclose Visible Mold at Move-In
As part of the required move-in inspection report under Section 55.1-1214, landlords must disclose whether there is any visible evidence of mold in areas readily accessible within the interior of the dwelling unit. If no mold is disclosed and the tenant does not object in writing within five days, a rebuttable presumption is created that no mold existed at move-in.
[Code of Virginia Section 55.1-1215 - Disclosure of mold in dwelling units]
Remedies Available to Tenants
Rent Withholding
Available: Virginia allows rent withholding only through the Tenant's Assertion rent escrow process under Section 55.1-1244. Tenants must be current on rent, file in court, and deposit rent with the court. The judge can order rent to be held in escrow, abate rent, require repairs, or terminate the lease. Tenants cannot simply stop paying rent outside this process.
[Code of Virginia Section 55.1-1244 - Tenant's assertion; rent escrow]
Repair and Deduct
Available: Virginia allows a limited repair and deduct remedy under Section 55.1-1244.1. If a condition constitutes material noncompliance or poses a serious threat to health or safety, and the tenant has provided written notice, the landlord has 14 days to take reasonable steps to remedy the issue. If the landlord fails to act, the tenant may hire a licensed contractor (or licensed pesticide business for infestations) to make repairs. The tenant may recover actual costs up to the greater of one month's rent or $1,500. This remedy cannot be used if the condition was caused by the tenant, if the landlord was denied access, or if the landlord already remedied the condition.
[Code of Virginia Section 55.1-1244.1 - Tenant's remedy by repair]
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Virginia
Understanding Virginia's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Virginia's Humid Subtropical Climate
Virginia has a humid subtropical climate with hot, humid summers and mild winters. The state receives 40-50 inches of rainfall annually, with humidity levels frequently exceeding 70% in summer. Coastal areas around Hampton Roads experience higher humidity due to Atlantic Ocean and Chesapeake Bay influences. Northern Virginia's proximity to the Potomac River also contributes to elevated humidity.
Eastern Virginia Mold Challenges
Virginia faces significant mold challenges, particularly in the eastern tidewater region. Hampton Roads and coastal areas experience persistent humidity and flooding risks. Northern Virginia's rapid development has led to some buildings with moisture issues. The combination of humidity, older housing in historic areas, and flood-prone coastal regions creates varied mold risks across the state.
Strong State Mold Protections
Virginia is one of the few states with specific mold provisions in its landlord-tenant law. The VRLTA requires landlords to maintain premises to prevent moisture and mold, disclose visible mold at move-in, and provide professional remediation when needed. Tenants have the right to terminate leases if mold is present at move-in and may be entitled to relocation during remediation.
Hurricane and Coastal Flooding
Virginia's Hampton Roads region is one of the most flood-prone areas in the United States due to sea level rise and hurricane exposure. Norfolk and Virginia Beach experience regular tidal and storm flooding. These water events cause extensive water damage and subsequent mold problems in affected housing.
Common Mold Types in Virginia
Virginia's humid subtropical climate creates year-round mold challenges, particularly in the tidewater region. Hampton Roads faces coastal flooding and sea level rise. Northern Virginia's rapid development has created buildings with moisture issues. Historic areas have aging housing stock vulnerable to mold.
Aspergillus
Common in Virginia's humid climate. Found in HVAC systems, basements, and water-damaged buildings throughout the state. Can cause aspergillosis in immunocompromised individuals.
Cladosporium
Thrives in Virginia's humid subtropical conditions. Found on damp surfaces, window frames, and bathroom walls. Major allergen for many residents.
Stachybotrys chartarum (Black Mold)
Found in chronically water-damaged buildings, particularly in Hampton Roads flood-prone areas. Produces mycotoxins associated with serious health effects.
Penicillium
Common in water-damaged materials. Found in older housing in Northern Virginia and historic areas. Causes respiratory symptoms and allergic reactions.
Alternaria
Common in damp areas. Prevalent in Virginia due to high humidity, especially in coastal and tidewater regions.
Mold Professional Requirements in Virginia
Mold Legislation in Virginia
Enacted laws, pending bills, and historical legislation related to mold in Virginia.
Enacted Laws
HB 1270: Mold Remediation Consumer Protection
Made it a violation of the Virginia Consumer Protection Act to offer mold remediation services without holding a valid third-party certification such as IICRC.
Impact: Established consumer protection enforcement for unlicensed mold work in Virginia.
Expired, Vetoed, and Superseded
HB 79: Mold Remediation Requirement
Status: Passed by indefinitely in House General Laws Subcommittee #3 on January 29, 2026
Would have allowed tenants or occupants to bring personal injury or property damage claims for mold exposure and recover damages and attorney fees when mold results from gross negligence or willful misconduct. Required landlords to have tenants temporarily vacate for professional remediation when a medical professional certified the mold condition materially affected health or safety.
Significance: Would have added explicit mold injury liability and temporary relocation requirements beyond existing Virginia mold disclosure rules.
Implied Warranty of Habitability
Under the Virginia Residential Landlord and Tenant Act, landlords must comply with applicable building and housing codes materially affecting health and safety, make all repairs necessary to keep the premises in fit and habitable condition, and maintain the premises to prevent moisture accumulation and mold growth. The implied warranty of habitability is codified in Section 55.1-1220, which requires landlords to maintain electrical, plumbing, heating, ventilating, and air-conditioning systems in good working order. Mold that results from landlord failure to maintain the premises or address water intrusion may constitute a breach of the warranty of habitability. [Code of Virginia Section 55.1-1220 - Landlord to maintain fit premises]
Mold Disclosure Requirements
Notable Mold Court Cases in Virginia
These cases have shaped mold litigation and tenant rights in Virginia. Understanding legal precedents can help inform your own situation.
Urbina v. Willow Oaks Apartments (2023)
Summary: Tenant sued Richmond apartment management for respiratory issues and brain fog caused by Stachybotrys (black mold) exposure. Management knew of mold a year before tenant fell ill.
Outcome: $588,000 jury verdict for the tenant.
Significance: Demonstrated that landlord knowledge of mold conditions combined with failure to act can result in substantial damages in Virginia courts.
Local Regulations
Some cities in Virginia have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Virginia mold law details.
Virginia Beach, VA
Local mold risks, prevention priorities, and next steps for Virginia Beach.
Norfolk, VA
Local mold risks, prevention priorities, and next steps for Norfolk.
Chesapeake, VA
Local mold risks, prevention priorities, and next steps for Chesapeake.
Richmond, VA
Local mold risks, prevention priorities, and next steps for Richmond.
Arlington, VA
Local mold risks, prevention priorities, and next steps for Arlington.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Virginia.
Virginia Housing Home Rehabilitation Programs
Provides various loan and grant programs for home repairs and rehabilitation, which may include addressing moisture and mold issues.
Eligibility: Virginia homeowners meeting income guidelines
Phone: 804-782-1986Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income homeowners in rural Virginia for essential repairs including mold remediation.
Eligibility: Very low-income homeowners in rural areas (below 50% AMI)
Coverage: Loans: up to $50,000 at 1% interest. Grants: up to $10,000 for elderly homeowners.
Phone: 1-800-670-6553Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Virginia have specific mold laws for rental properties?
Yes. Virginia is one of the few states with explicit mold provisions in its landlord-tenant laws. The Virginia Residential Landlord and Tenant Act includes Section 55.1-1215 (mold disclosure), Section 55.1-1220 (landlord mold prevention and remediation duties), Section 55.1-1227 (tenant mold prevention duties), Section 55.1-1231 (tenant relocation during remediation), and Section 8.01-226.12 (professional remediation standards).
What mold disclosure is required in Virginia?
Virginia landlords must disclose any visible mold in readily accessible areas as part of the written move-in inspection report. If mold is disclosed, tenants may terminate the lease and not take possession, or request remediation within five business days. If no mold is disclosed and the tenant does not object in writing within five days, a rebuttable presumption is created that no mold existed at move-in.
How quickly must a Virginia landlord remediate mold?
Virginia law requires landlords to "promptly" remediate mold conditions. If mold is disclosed at move-in and the tenant chooses to remain, remediation must occur within five business days. All remediation must be performed according to professional standards from organizations like the EPA or HUD, and the landlord must reinspect to confirm mold removal.
Official Resources
These official resources can help you understand your rights and take action: