WHAT DOES A LANDLORD HAVE TO DISCLOSE TO A TENANT?

Apr 10

Rental property signs on a residential street, illustrating the legal obligations of landlords to disclose essential information to tenants, as covered by Reynolds Law Group’s real estate legal services.

As a landlord in the Commonwealth of Virginia, you must adhere to several disclosure requirements to ensure transparency and compliance with state laws. Below is a summary of essential disclosures you must make to tenants. Be sure to check local ordinances as well, as they may impose additional requirements.

1. Owner or Agent Identity

You must provide tenants with written notice at or before the start of the tenancy, detailing the name and address of the person authorized to manage the property. This includes the property owner or a designated agent for receiving service of process, notices, and demands.
(Va. Code Ann. §55-248.12)

2. Military Zone

If the property is located in an area with a military air installation, you are required to disclose whether the property is situated within a noise zone or accident potential zone as designated by local zoning maps. This must be provided in writing to prospective tenants.
(Va. Code Ann. §55-248.12:1)

3. Mold

The move-in inspection report must detail any visible evidence of mold. If mold is present, the tenant has the option to terminate the lease or refuse to move in. If the tenant proceeds with the tenancy, you must remediate the mold within five business days, re-inspect the premises, and issue a new report confirming the absence of mold. If mold appears during the tenancy, you must promptly address the issue, provide a re-inspection, and supply tenants with written information on mold remediation.
(Va. Code Ann. §§55-248.11:2, 55-248.16)

4. Ratio Utility Billing

If you use a ratio utility billing service and plan to collect monthly billing or additional administrative and late fees, these must be clearly disclosed in the rental agreement.
(Va. Code Ann. §55-226.2)

5. Condominium Plans

If there is an application for registration as a condominium or cooperative, or if there is a plan for tenant displacement due to demolition, substantial rehabilitation, or conversion of the property, you must disclose this information in writing to any prospective tenant.
(Va. Code Ann. §55-248.12(C))

6. Defective Drywall

You are required to disclose the presence of unrepaired defective drywall before the tenant signs a lease or rental agreement.
(Va. Code §55-248.12:2)

7. Move-In Checklist

Within 5 days of move-in, a written report detailing the condition of the premises must be prepared by the landlord and tenant. This report should disclose any known presence of mold.
(Va. Code Ann. §55-248.11:1)

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Glenn S. Reynolds, DMin, Jd

Glenn is a speaker, ordained pastor, writer, and attorney living in Suffolk, VA. Before starting Reynolds Law Group, Glenn pastored one of the largest churches in America and was the Director of Church Planting for the Iowa Ministry Network. Glenn roots hard for the Kentucky Wildcats in basketball, the Baltimore Orioles in baseball, and the Iowa Hawkeyes in football.

To learn more about Glenn, you can read his full bio here.

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