When used in this chapter, unless expressly stated otherwise:
"Action" means recoupment, counterclaim, set off, or other civil suit andany other proceeding in which rights are determined, including withoutlimitation actions for possession, rent, unlawful detainer, unlawful entry,and distress for rent.
"Application deposit" means any refundable deposit of money, howeverdenominated, including all money intended to be used as a security depositunder a rental agreement, or property, which is paid by a tenant to alandlord for the purpose of being considered as a tenant for a dwelling unit.
"Application fee" means any nonrefundable fee, which is paid by a tenant toa landlord for the purpose of being considered as a tenant for a dwellingunit. An application fee shall not exceed $50, exclusive of any actualout-of-pocket expenses paid by the landlord to a third party performingbackground, credit, or other pre-occupancy checks on the applicant. However,where an application is being made for a dwelling unit which is a publichousing unit or other housing unit subject to regulation by the Department ofHousing and Urban Development, an application fee shall not exceed $32,exclusive of any actual out-of-pocket expenses paid to a third party by thelandlord performing background, credit, or other pre-occupancy checks on theapplicant.
"Assignment" means the transfer by any tenant of all interests created by arental agreement.
"Authorized occupant" means a person entitled to occupy a dwelling unitwith the consent of the landlord, but who has not signed the rental agreementand therefore does not have the rights and obligations as a tenant under therental agreement.
"Building or housing code" means any law, ordinance or governmentalregulation concerning fitness for habitation, or the construction,maintenance, operation, occupancy, use or appearance of any structure or thatpart of a structure that is used as a home, residence or sleeping place byone person who maintains a household or by two or more persons who maintain acommon household.
"Commencement date of rental agreement" means the date upon which thetenant is entitled to occupy the dwelling unit as a tenant.
"Dwelling unit" means a structure or part of a structure that is used as ahome or residence by one or more persons who maintain a household, including,but not limited to, a manufactured home.
"Effective date of rental agreement" means the date upon which the rentalagreement is signed by the landlord and the tenant obligating each party tothe terms and conditions of the rental agreement.
"Facility" means something that is built, constructed, installed orestablished to perform some particular function.
"Good faith" means honesty in fact in the conduct of the transactionconcerned.
"Guest or invitee" means a person, other than the tenant or personauthorized by the landlord to occupy the premises, who has the permission ofthe tenant to visit but not to occupy the premises.
"Interior of the dwelling unit" means the inside of the dwelling unit,consisting of interior walls, floor, and ceiling, that enclose the dwellingunit as conditioned space from the outside air.
"Landlord" means the owner, lessor or sublessor of the dwelling unit or thebuilding of which such dwelling unit is a part. "Landlord" also includes amanaging agent of the premises who fails to disclose the name of such owner,lessor or sublessor. Such managing agent shall be subject to the provisionsof § 16.1-88.03. Landlord shall not, however, include a community land trustas defined in § 55-221.1.
"Managing agent" means a person authorized by the landlord to act on behalfof the landlord under an agreement.
"Mold remediation in accordance with professional standards" means moldremediation of that portion of the dwelling unit or premises affected bymold, or any personal property of the tenant affected by mold, performedconsistent with guidance documents published by the United StatesEnvironmental Protection Agency, the U.S. Department of Housing and UrbanDevelopment, the American Conference of Governmental Industrial Hygienists(the Bioaerosols Manual), Standard Reference Guides of the Institute ofInspection, Cleaning and Restoration for Water Damage Restoration andProfessional Mold Remediation, or any protocol for mold remediation preparedby an industrial hygienist consistent with said guidance documents.
"Natural person," wherever the chapter refers to an owner as a "naturalperson," includes co-owners who are natural persons, either as tenants incommon, joint tenants, tenants in partnership, tenants by the entirety,trustees or beneficiaries of a trust, general partnerships, limited liabilitypartnerships, registered limited liability partnerships or limited liabilitycompanies, or any lawful combination of natural persons permitted by law.
"Notice" means notice given in writing by either regular mail or handdelivery, with the sender retaining sufficient proof of having given suchnotice, which may be either a United States postal certificate of mailing ora certificate of service confirming such mailing prepared by the sender.However, a person shall be deemed to have notice of a fact if he has actualknowledge of it, he has received a verbal notice of it, or from all of thefacts and circumstances known to him at the time in question, he has reasonto know it exists. A person "notifies" or "gives" a notice ornotification to another by taking steps reasonably calculated to informanother person whether or not the other person actually comes to know of it.If notice is given that is not in writing, the person giving the notice hasthe burden of proof to show that the notice was given to the recipient of thenotice.
"Organization" means a corporation, government, governmental subdivision oragency, business trust, estate, trust, partnership or association, two ormore persons having a joint or common interest, or any combination thereof,and any other legal or commercial entity.
"Owner" means one or more persons, jointly or severally, in whom is vested:
1. All or part of the legal title to the property, or
2. All or part of the beneficial ownership and a right to present use andenjoyment of the premises, and the term includes a mortgagee in possession.
"Person" means any individual, group of individuals, corporation,partnership, business trust, association or other legal entity, or anycombination thereof.
"Premises" means a dwelling unit and the structure of which it is a partand facilities and appurtenances therein and grounds, areas and facilitiesheld out for the use of tenants generally or whose use is promised to thetenant.
"Processing fee for payment of rent with bad check" means the processingfee specified in the rental agreement, not to exceed $50, assessed by alandlord against a tenant for payment of rent with a check drawn by thetenant on which payment has been refused by the payor bank because the drawerhad no account or insufficient funds.
"Readily accessible" means areas within the interior of the dwelling unitavailable for observation at the time of the move-in inspection that do notrequire removal of materials, personal property, equipment or similar items.
"Rent" means all money, other than a security deposit, owed or paid to thelandlord under the rental agreement, including prepaid rent paid more thanone month in advance of the rent due date.
"Rental agreement" or "lease agreement" means all agreements, written ororal, and valid rules and regulations adopted under § 55-248.17 embodying theterms and conditions concerning the use and occupancy of a dwelling unit andpremises.
"Rental application" means the written application or similar document usedby a landlord to determine if a prospective tenant is qualified to become atenant of a dwelling unit. A landlord may charge an application fee asprovided in this chapter and may request a prospective tenant to provideinformation that will enable the landlord to make such determination. Thelandlord may photocopy each applicant's driver's license or other similarphoto identification, containing either the applicant's social securitynumber or control number issued by the Department of Motor Vehicles pursuantto § 46.2-342. The landlord may require that each applicant provide a socialsecurity number issued by the U.S. Social Security Administration or anindividual taxpayer identification number issued by the U.S. Internal RevenueService, for the purpose of determining whether each applicant is eligible tobecome a tenant in the landlord's dwelling unit.
"Roomer" means a person occupying a dwelling unit that lacks a majorbathroom or kitchen facility, in a structure where one or more majorfacilities are used in common by occupants of the dwelling unit and otherdwelling units. Major facility in the case of a bathroom means toilet, andeither a bath or shower, and in the case of a kitchen means refrigerator,stove or sink.
"Security deposit" means any refundable deposit of money that is furnishedby a tenant to a landlord to secure the performance of the terms andconditions of a rental agreement, as a security for damages to the leasedpremises, or as a pet deposit. However, such money shall be deemed anapplication deposit until the commencement date of the rental agreement.Security deposit shall not include a damage insurance policy or renter'sinsurance policy as those terms are defined in § 55-248.7:2 purchased by alandlord to provide coverage for a tenant.
"Single-family residence" means a structure, other than a multi-familyresidential structure, maintained and used as a single dwelling unit or anydwelling unit which has direct access to a street or thoroughfare and sharesneither heating facilities, hot water equipment nor any other essentialfacility or service with any other dwelling unit.
"Sublease" means the transfer by any tenant of any but not all interestscreated by a rental agreement.
"Tenant" means a person entitled under a rental agreement to occupy adwelling unit to the exclusion of others and shall include roomer. Tenantshall not include (i) an authorized occupant, (ii) a guest or invitee, or(iii) any person who guarantees or cosigns the payment of the financialobligations of a rental agreement but has no right to occupy a dwelling unit.
"Tenant records" means all information, including financial, maintenance,and other records about a tenant or prospective tenant, whether suchinformation is in written or electronic form or other medium.
"Utility" means electricity, natural gas, water and sewer provided by apublic service corporation or such other person providing utility services aspermitted under § 56-1.2. If the rental agreement so provides, a landlord mayuse submetering equipment or energy allocation equipment as defined in §56-245.2, or a ratio utility billing system as defined in § 55-226.2.
"Visible evidence of mold" means the existence of mold in the dwelling unitthat is visible to the naked eye by the landlord or tenant in areas withinthe interior of the dwelling unit readily accessible at the time of themove-in inspection.
"Written notice" means notice given in accordance with § 55-248.6,including any representation of words, letters, symbols, numbers, or figures,whether (i) printed in or inscribed on a tangible medium or (ii) stored in anelectronic form or other medium, retrievable in a perceivable form, andregardless of whether an electronic signature authorized by Chapter 42.1 (§59.1-479 et seq.) of Title 59.1 is affixed. The landlord may, in accordancewith a written agreement, delegate to a managing agent or other third partythe responsibility of providing any written notice required by this chapter.
(1974, c. 680; 1977, c. 427; 1987, c. 428; 1990, c. 55; 1991, c. 205; 1999,cc. 77, 258, 359, 390; 2000, cc. 760, 816; 2002, c. 531; 2003, cc. 355, 425,855; 2004, c. 123; 2007, c. 634; 2008, cc. 489, 640; 2010, cc. 180, 550.)
When used in this chapter, unless expressly stated otherwise:
"Action" means recoupment, counterclaim, set off, or other civil suit andany other proceeding in which rights are determined, including withoutlimitation actions for possession, rent, unlawful detainer, unlawful entry,and distress for rent.
"Application deposit" means any refundable deposit of money, howeverdenominated, including all money intended to be used as a security depositunder a rental agreement, or property, which is paid by a tenant to alandlord for the purpose of being considered as a tenant for a dwelling unit.
"Application fee" means any nonrefundable fee, which is paid by a tenant toa landlord for the purpose of being considered as a tenant for a dwellingunit. An application fee shall not exceed $50, exclusive of any actualout-of-pocket expenses paid by the landlord to a third party performingbackground, credit, or other pre-occupancy checks on the applicant. However,where an application is being made for a dwelling unit which is a publichousing unit or other housing unit subject to regulation by the Department ofHousing and Urban Development, an application fee shall not exceed $32,exclusive of any actual out-of-pocket expenses paid to a third party by thelandlord performing background, credit, or other pre-occupancy checks on theapplicant.
"Assignment" means the transfer by any tenant of all interests created by arental agreement.
"Authorized occupant" means a person entitled to occupy a dwelling unitwith the consent of the landlord, but who has not signed the rental agreementand therefore does not have the rights and obligations as a tenant under therental agreement.
"Building or housing code" means any law, ordinance or governmentalregulation concerning fitness for habitation, or the construction,maintenance, operation, occupancy, use or appearance of any structure or thatpart of a structure that is used as a home, residence or sleeping place byone person who maintains a household or by two or more persons who maintain acommon household.
"Commencement date of rental agreement" means the date upon which thetenant is entitled to occupy the dwelling unit as a tenant.
"Dwelling unit" means a structure or part of a structure that is used as ahome or residence by one or more persons who maintain a household, including,but not limited to, a manufactured home.
"Effective date of rental agreement" means the date upon which the rentalagreement is signed by the landlord and the tenant obligating each party tothe terms and conditions of the rental agreement.
"Facility" means something that is built, constructed, installed orestablished to perform some particular function.
"Good faith" means honesty in fact in the conduct of the transactionconcerned.
"Guest or invitee" means a person, other than the tenant or personauthorized by the landlord to occupy the premises, who has the permission ofthe tenant to visit but not to occupy the premises.
"Interior of the dwelling unit" means the inside of the dwelling unit,consisting of interior walls, floor, and ceiling, that enclose the dwellingunit as conditioned space from the outside air.
"Landlord" means the owner, lessor or sublessor of the dwelling unit or thebuilding of which such dwelling unit is a part. "Landlord" also includes amanaging agent of the premises who fails to disclose the name of such owner,lessor or sublessor. Such managing agent shall be subject to the provisionsof § 16.1-88.03. Landlord shall not, however, include a community land trustas defined in § 55-221.1.
"Managing agent" means a person authorized by the landlord to act on behalfof the landlord under an agreement.
"Mold remediation in accordance with professional standards" means moldremediation of that portion of the dwelling unit or premises affected bymold, or any personal property of the tenant affected by mold, performedconsistent with guidance documents published by the United StatesEnvironmental Protection Agency, the U.S. Department of Housing and UrbanDevelopment, the American Conference of Governmental Industrial Hygienists(the Bioaerosols Manual), Standard Reference Guides of the Institute ofInspection, Cleaning and Restoration for Water Damage Restoration andProfessional Mold Remediation, or any protocol for mold remediation preparedby an industrial hygienist consistent with said guidance documents.
"Natural person," wherever the chapter refers to an owner as a "naturalperson," includes co-owners who are natural persons, either as tenants incommon, joint tenants, tenants in partnership, tenants by the entirety,trustees or beneficiaries of a trust, general partnerships, limited liabilitypartnerships, registered limited liability partnerships or limited liabilitycompanies, or any lawful combination of natural persons permitted by law.
"Notice" means notice given in writing by either regular mail or handdelivery, with the sender retaining sufficient proof of having given suchnotice, which may be either a United States postal certificate of mailing ora certificate of service confirming such mailing prepared by the sender.However, a person shall be deemed to have notice of a fact if he has actualknowledge of it, he has received a verbal notice of it, or from all of thefacts and circumstances known to him at the time in question, he has reasonto know it exists. A person "notifies" or "gives" a notice ornotification to another by taking steps reasonably calculated to informanother person whether or not the other person actually comes to know of it.If notice is given that is not in writing, the person giving the notice hasthe burden of proof to show that the notice was given to the recipient of thenotice.
"Organization" means a corporation, government, governmental subdivision oragency, business trust, estate, trust, partnership or association, two ormore persons having a joint or common interest, or any combination thereof,and any other legal or commercial entity.
"Owner" means one or more persons, jointly or severally, in whom is vested:
1. All or part of the legal title to the property, or
2. All or part of the beneficial ownership and a right to present use andenjoyment of the premises, and the term includes a mortgagee in possession.
"Person" means any individual, group of individuals, corporation,partnership, business trust, association or other legal entity, or anycombination thereof.
"Premises" means a dwelling unit and the structure of which it is a partand facilities and appurtenances therein and grounds, areas and facilitiesheld out for the use of tenants generally or whose use is promised to thetenant.
"Processing fee for payment of rent with bad check" means the processingfee specified in the rental agreement, not to exceed $50, assessed by alandlord against a tenant for payment of rent with a check drawn by thetenant on which payment has been refused by the payor bank because the drawerhad no account or insufficient funds.
"Readily accessible" means areas within the interior of the dwelling unitavailable for observation at the time of the move-in inspection that do notrequire removal of materials, personal property, equipment or similar items.
"Rent" means all money, other than a security deposit, owed or paid to thelandlord under the rental agreement, including prepaid rent paid more thanone month in advance of the rent due date.
"Rental agreement" or "lease agreement" means all agreements, written ororal, and valid rules and regulations adopted under § 55-248.17 embodying theterms and conditions concerning the use and occupancy of a dwelling unit andpremises.
"Rental application" means the written application or similar document usedby a landlord to determine if a prospective tenant is qualified to become atenant of a dwelling unit. A landlord may charge an application fee asprovided in this chapter and may request a prospective tenant to provideinformation that will enable the landlord to make such determination. Thelandlord may photocopy each applicant's driver's license or other similarphoto identification, containing either the applicant's social securitynumber or control number issued by the Department of Motor Vehicles pursuantto § 46.2-342. The landlord may require that each applicant provide a socialsecurity number issued by the U.S. Social Security Administration or anindividual taxpayer identification number issued by the U.S. Internal RevenueService, for the purpose of determining whether each applicant is eligible tobecome a tenant in the landlord's dwelling unit.
"Roomer" means a person occupying a dwelling unit that lacks a majorbathroom or kitchen facility, in a structure where one or more majorfacilities are used in common by occupants of the dwelling unit and otherdwelling units. Major facility in the case of a bathroom means toilet, andeither a bath or shower, and in the case of a kitchen means refrigerator,stove or sink.
"Security deposit" means any refundable deposit of money that is furnishedby a tenant to a landlord to secure the performance of the terms andconditions of a rental agreement, as a security for damages to the leasedpremises, or as a pet deposit. However, such money shall be deemed anapplication deposit until the commencement date of the rental agreement.Security deposit shall not include a damage insurance policy or renter'sinsurance policy as those terms are defined in § 55-248.7:2 purchased by alandlord to provide coverage for a tenant.
"Single-family residence" means a structure, other than a multi-familyresidential structure, maintained and used as a single dwelling unit or anydwelling unit which has direct access to a street or thoroughfare and sharesneither heating facilities, hot water equipment nor any other essentialfacility or service with any other dwelling unit.
"Sublease" means the transfer by any tenant of any but not all interestscreated by a rental agreement.
"Tenant" means a person entitled under a rental agreement to occupy adwelling unit to the exclusion of others and shall include roomer. Tenantshall not include (i) an authorized occupant, (ii) a guest or invitee, or(iii) any person who guarantees or cosigns the payment of the financialobligations of a rental agreement but has no right to occupy a dwelling unit.
"Tenant records" means all information, including financial, maintenance,and other records about a tenant or prospective tenant, whether suchinformation is in written or electronic form or other medium.
"Utility" means electricity, natural gas, water and sewer provided by apublic service corporation or such other person providing utility services aspermitted under § 56-1.2. If the rental agreement so provides, a landlord mayuse submetering equipment or energy allocation equipment as defined in §56-245.2, or a ratio utility billing system as defined in § 55-226.2.
"Visible evidence of mold" means the existence of mold in the dwelling unitthat is visible to the naked eye by the landlord or tenant in areas withinthe interior of the dwelling unit readily accessible at the time of themove-in inspection.
"Written notice" means notice given in accordance with § 55-248.6,including any representation of words, letters, symbols, numbers, or figures,whether (i) printed in or inscribed on a tangible medium or (ii) stored in anelectronic form or other medium, retrievable in a perceivable form, andregardless of whether an electronic signature authorized by Chapter 42.1 (§59.1-479 et seq.) of Title 59.1 is affixed. The landlord may, in accordancewith a written agreement, delegate to a managing agent or other third partythe responsibility of providing any written notice required by this chapter.
(1974, c. 680; 1977, c. 427; 1987, c. 428; 1990, c. 55; 1991, c. 205; 1999,cc. 77, 258, 359, 390; 2000, cc. 760, 816; 2002, c. 531; 2003, cc. 355, 425,855; 2004, c. 123; 2007, c. 634; 2008, cc. 489, 640; 2010, cc. 180, 550.)
When used in this chapter, unless expressly stated otherwise:
"Action" means recoupment, counterclaim, set off, or other civil suit andany other proceeding in which rights are determined, including withoutlimitation actions for possession, rent, unlawful detainer, unlawful entry,and distress for rent.
"Application deposit" means any refundable deposit of money, howeverdenominated, including all money intended to be used as a security depositunder a rental agreement, or property, which is paid by a tenant to alandlord for the purpose of being considered as a tenant for a dwelling unit.
"Application fee" means any nonrefundable fee, which is paid by a tenant toa landlord for the purpose of being considered as a tenant for a dwellingunit. An application fee shall not exceed $50, exclusive of any actualout-of-pocket expenses paid by the landlord to a third party performingbackground, credit, or other pre-occupancy checks on the applicant. However,where an application is being made for a dwelling unit which is a publichousing unit or other housing unit subject to regulation by the Department ofHousing and Urban Development, an application fee shall not exceed $32,exclusive of any actual out-of-pocket expenses paid to a third party by thelandlord performing background, credit, or other pre-occupancy checks on theapplicant.
"Assignment" means the transfer by any tenant of all interests created by arental agreement.
"Authorized occupant" means a person entitled to occupy a dwelling unitwith the consent of the landlord, but who has not signed the rental agreementand therefore does not have the rights and obligations as a tenant under therental agreement.
"Building or housing code" means any law, ordinance or governmentalregulation concerning fitness for habitation, or the construction,maintenance, operation, occupancy, use or appearance of any structure or thatpart of a structure that is used as a home, residence or sleeping place byone person who maintains a household or by two or more persons who maintain acommon household.
"Commencement date of rental agreement" means the date upon which thetenant is entitled to occupy the dwelling unit as a tenant.
"Dwelling unit" means a structure or part of a structure that is used as ahome or residence by one or more persons who maintain a household, including,but not limited to, a manufactured home.
"Effective date of rental agreement" means the date upon which the rentalagreement is signed by the landlord and the tenant obligating each party tothe terms and conditions of the rental agreement.
"Facility" means something that is built, constructed, installed orestablished to perform some particular function.
"Good faith" means honesty in fact in the conduct of the transactionconcerned.
"Guest or invitee" means a person, other than the tenant or personauthorized by the landlord to occupy the premises, who has the permission ofthe tenant to visit but not to occupy the premises.
"Interior of the dwelling unit" means the inside of the dwelling unit,consisting of interior walls, floor, and ceiling, that enclose the dwellingunit as conditioned space from the outside air.
"Landlord" means the owner, lessor or sublessor of the dwelling unit or thebuilding of which such dwelling unit is a part. "Landlord" also includes amanaging agent of the premises who fails to disclose the name of such owner,lessor or sublessor. Such managing agent shall be subject to the provisionsof § 16.1-88.03. Landlord shall not, however, include a community land trustas defined in § 55-221.1.
"Managing agent" means a person authorized by the landlord to act on behalfof the landlord under an agreement.
"Mold remediation in accordance with professional standards" means moldremediation of that portion of the dwelling unit or premises affected bymold, or any personal property of the tenant affected by mold, performedconsistent with guidance documents published by the United StatesEnvironmental Protection Agency, the U.S. Department of Housing and UrbanDevelopment, the American Conference of Governmental Industrial Hygienists(the Bioaerosols Manual), Standard Reference Guides of the Institute ofInspection, Cleaning and Restoration for Water Damage Restoration andProfessional Mold Remediation, or any protocol for mold remediation preparedby an industrial hygienist consistent with said guidance documents.
"Natural person," wherever the chapter refers to an owner as a "naturalperson," includes co-owners who are natural persons, either as tenants incommon, joint tenants, tenants in partnership, tenants by the entirety,trustees or beneficiaries of a trust, general partnerships, limited liabilitypartnerships, registered limited liability partnerships or limited liabilitycompanies, or any lawful combination of natural persons permitted by law.
"Notice" means notice given in writing by either regular mail or handdelivery, with the sender retaining sufficient proof of having given suchnotice, which may be either a United States postal certificate of mailing ora certificate of service confirming such mailing prepared by the sender.However, a person shall be deemed to have notice of a fact if he has actualknowledge of it, he has received a verbal notice of it, or from all of thefacts and circumstances known to him at the time in question, he has reasonto know it exists. A person "notifies" or "gives" a notice ornotification to another by taking steps reasonably calculated to informanother person whether or not the other person actually comes to know of it.If notice is given that is not in writing, the person giving the notice hasthe burden of proof to show that the notice was given to the recipient of thenotice.
"Organization" means a corporation, government, governmental subdivision oragency, business trust, estate, trust, partnership or association, two ormore persons having a joint or common interest, or any combination thereof,and any other legal or commercial entity.
"Owner" means one or more persons, jointly or severally, in whom is vested:
1. All or part of the legal title to the property, or
2. All or part of the beneficial ownership and a right to present use andenjoyment of the premises, and the term includes a mortgagee in possession.
"Person" means any individual, group of individuals, corporation,partnership, business trust, association or other legal entity, or anycombination thereof.
"Premises" means a dwelling unit and the structure of which it is a partand facilities and appurtenances therein and grounds, areas and facilitiesheld out for the use of tenants generally or whose use is promised to thetenant.
"Processing fee for payment of rent with bad check" means the processingfee specified in the rental agreement, not to exceed $50, assessed by alandlord against a tenant for payment of rent with a check drawn by thetenant on which payment has been refused by the payor bank because the drawerhad no account or insufficient funds.
"Readily accessible" means areas within the interior of the dwelling unitavailable for observation at the time of the move-in inspection that do notrequire removal of materials, personal property, equipment or similar items.
"Rent" means all money, other than a security deposit, owed or paid to thelandlord under the rental agreement, including prepaid rent paid more thanone month in advance of the rent due date.
"Rental agreement" or "lease agreement" means all agreements, written ororal, and valid rules and regulations adopted under § 55-248.17 embodying theterms and conditions concerning the use and occupancy of a dwelling unit andpremises.
"Rental application" means the written application or similar document usedby a landlord to determine if a prospective tenant is qualified to become atenant of a dwelling unit. A landlord may charge an application fee asprovided in this chapter and may request a prospective tenant to provideinformation that will enable the landlord to make such determination. Thelandlord may photocopy each applicant's driver's license or other similarphoto identification, containing either the applicant's social securitynumber or control number issued by the Department of Motor Vehicles pursuantto § 46.2-342. The landlord may require that each applicant provide a socialsecurity number issued by the U.S. Social Security Administration or anindividual taxpayer identification number issued by the U.S. Internal RevenueService, for the purpose of determining whether each applicant is eligible tobecome a tenant in the landlord's dwelling unit.
"Roomer" means a person occupying a dwelling unit that lacks a majorbathroom or kitchen facility, in a structure where one or more majorfacilities are used in common by occupants of the dwelling unit and otherdwelling units. Major facility in the case of a bathroom means toilet, andeither a bath or shower, and in the case of a kitchen means refrigerator,stove or sink.
"Security deposit" means any refundable deposit of money that is furnishedby a tenant to a landlord to secure the performance of the terms andconditions of a rental agreement, as a security for damages to the leasedpremises, or as a pet deposit. However, such money shall be deemed anapplication deposit until the commencement date of the rental agreement.Security deposit shall not include a damage insurance policy or renter'sinsurance policy as those terms are defined in § 55-248.7:2 purchased by alandlord to provide coverage for a tenant.
"Single-family residence" means a structure, other than a multi-familyresidential structure, maintained and used as a single dwelling unit or anydwelling unit which has direct access to a street or thoroughfare and sharesneither heating facilities, hot water equipment nor any other essentialfacility or service with any other dwelling unit.
"Sublease" means the transfer by any tenant of any but not all interestscreated by a rental agreement.
"Tenant" means a person entitled under a rental agreement to occupy adwelling unit to the exclusion of others and shall include roomer. Tenantshall not include (i) an authorized occupant, (ii) a guest or invitee, or(iii) any person who guarantees or cosigns the payment of the financialobligations of a rental agreement but has no right to occupy a dwelling unit.
"Tenant records" means all information, including financial, maintenance,and other records about a tenant or prospective tenant, whether suchinformation is in written or electronic form or other medium.
"Utility" means electricity, natural gas, water and sewer provided by apublic service corporation or such other person providing utility services aspermitted under § 56-1.2. If the rental agreement so provides, a landlord mayuse submetering equipment or energy allocation equipment as defined in §56-245.2, or a ratio utility billing system as defined in § 55-226.2.
"Visible evidence of mold" means the existence of mold in the dwelling unitthat is visible to the naked eye by the landlord or tenant in areas withinthe interior of the dwelling unit readily accessible at the time of themove-in inspection.
"Written notice" means notice given in accordance with § 55-248.6,including any representation of words, letters, symbols, numbers, or figures,whether (i) printed in or inscribed on a tangible medium or (ii) stored in anelectronic form or other medium, retrievable in a perceivable form, andregardless of whether an electronic signature authorized by Chapter 42.1 (§59.1-479 et seq.) of Title 59.1 is affixed. The landlord may, in accordancewith a written agreement, delegate to a managing agent or other third partythe responsibility of providing any written notice required by this chapter.
(1974, c. 680; 1977, c. 427; 1987, c. 428; 1990, c. 55; 1991, c. 205; 1999,cc. 77, 258, 359, 390; 2000, cc. 760, 816; 2002, c. 531; 2003, cc. 355, 425,855; 2004, c. 123; 2007, c. 634; 2008, cc. 489, 640; 2010, cc. 180, 550.)
