2006 Code of Virginia § 55-248.18 - Access; consent; correction of nonemergency conditions; relocation of tenant

55-248.18. Access; consent; correction of nonemergency conditions;relocation of tenant.

A. The tenant shall not unreasonably withhold consent to the landlord toenter into the dwelling unit in order to inspect the premises, make necessaryor agreed repairs, decorations, alterations or improvements, supply necessaryor agreed services or exhibit the dwelling unit to prospective or actualpurchasers, mortgagees, tenants, workmen or contractors. The landlord mayenter the dwelling unit without consent of the tenant in case of emergency.The landlord shall not abuse the right of access or use it to harass thetenant. Except in case of emergency or if it is impractical to do so, thelandlord shall give the tenant notice of his intent to enter and may enteronly at reasonable times. Unless impractical to do so, the landlord shallgive the tenant at least 24-hours' notice of routine maintenance to beperformed that has not been requested by the tenant.

B. Upon the sole determination by the landlord of the existence of anonemergency property condition in the dwelling unit that requires the tenantto temporarily vacate the dwelling unit in order for the landlord to properlyremedy such property condition, the landlord may, upon at least 30 days'written notice to the tenant, require the tenant to temporarily vacate thedwelling unit for a period not to exceed 30 days to a comparable dwellingunit, as selected by the landlord, and at no expense or cost to the tenant.For purposes of this subsection, "nonemergency property condition" means(i) a condition in the dwelling unit that, in the determination of thelandlord, is necessary for the landlord to remedy in order for the landlordto be in compliance with 55-248.13; (ii) the condition does not need to beremedied within a 24-hour period, with any condition that needs to beremedied within 24 hours being defined as an "emergency condition"; and(iii) the condition can only be effectively remedied by the temporaryrelocation of the tenant pursuant to the provisions of this subsection.

The tenant shall continue to be responsible for payment of rent under therental agreement during the period of any temporary relocation. The landlordshall pay all costs of repairs or remediation required to address theproperty condition. Refusal of the tenant to cooperate with a temporaryrelocation pursuant to this subsection shall be deemed a breach of the rentalagreement, unless the tenant agrees to vacate the unit and terminate therental agreement within the 30-day notice period.

C. The landlord has no other right to access except by court order or thatpermitted by 55-248.32 and 55-248.33 or if the tenant has abandoned orsurrendered the premises.

D. The tenant may install, within the dwelling unit, new burglary prevention,including chain latch devices approved by the landlord, and fire detectiondevices that the tenant may believe necessary to ensure his safety, provided:

1. Installation does no permanent damage to any part of the dwelling unit.

2. A duplicate of all keys and instructions of how to operate all devices aregiven to the landlord.

3. Upon termination of the tenancy the tenant shall be responsible forpayment to the landlord for reasonable costs incurred for the removal of allsuch devices and repairs to all damaged areas.

(1974, c. 680; 1993, c. 634; 1995, c. 601; 1999, c. 65; 2000, c. 760; 2001,c. 524; 2004, c. 307.)

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