Virginia law places explicit pest duties on the tenant and only implicit ones on the landlord. Va. Code § 55.1-1227 names insects and pests directly and makes the tenant financially responsible in defined situations. Va. Code § 55.1-1220, which sets out what the landlord owes, does not mention pests at all — the landlord's duty is derived from the requirement to keep the premises fit and habitable.
That asymmetry explains most disputes, and it explains why a 2024 Court of Appeals decision mattered so much.
This is general information, not legal advice. Statutes are amended and outcomes depend on specific facts. For your situation, consult a Virginia attorney or your local legal aid office.
What each side actually owes
The landlord, under § 55.1-1220, must comply with applicable building and housing codes materially affecting health and safety, and must make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
Read that section and you will find no reference to insects, pests, vermin, or extermination. The obligation reaches pests through habitability, not through a pest provision.
The tenant, under § 55.1-1227, must keep the occupied part of the dwelling and premises free from insects and pests, and must promptly notify the landlord of the existence of any insects or pests. The tenant is financially responsible for:
- the added cost of treatment or extermination caused by unreasonable delay in reporting; and
- the cost of treatment or extermination caused by the tenant's own fault in failing to prevent infestation.
Note the word "added" in the first item. Delay does not transfer the whole bill — it transfers the additional cost the delay caused.
Why the 2024 decision changed the argument
Landlords used to write leases assigning pest control to the tenant, and rely on them.
In Parrish v. Vance, decided by the Court of Appeals of Virginia on March 12, 2024, a tenant in Alexandria reported fleas on the day she took possession. The lease made the tenant responsible for "controlling and eliminating household pests." The landlord relied on that clause.
The court held that a lease provision purporting to waive a tenant's rights or remedies required by law is unenforceable, and that the VRLTA's warranty of habitability cannot be waived by agreement.
The practical effect: a lease clause assigning pest control to the tenant does not, by itself, defeat a habitability claim. The tenant's statutory duties under § 55.1-1227 still apply — but the landlord cannot contract out of § 55.1-1220.
Read the full discussion of Parrish v. Vance →
Your four routes, in order of escalation
Each requires written notice first. None of them work without it.
| Route | Statute | Key figure |
|---|---|---|
| Repair and deduct — hire a licensed service yourself, deduct from rent | § 55.1-1244.1 | landlord has 14 days; recovery capped at the greater of one month's rent or $1,500 |
| Rent escrow — pay rent to the court instead of the landlord | § 55.1-1244 | hearing within 15 days of service; escrow released to tenant after 6 months unremedied |
| Terminate the lease | § 55.1-1234 | notice of termination not less than 30 days out, if not remedied within 21 days |
| Damages and injunction | § 55.1-1234 | attorney fees available unless the landlord proves its actions were reasonable |
Repair and deduct in detail → · The DC-429 court form and rent escrow → · Step by step when the landlord won't act →
The 48-hour rule that cuts the other way
Under § 55.1-1223 the landlord must give the tenant written notice no less than 48 hours before applying an insecticide or pesticide in the dwelling unit, unless the tenant agrees to a shorter period.
If the tenant requested the application, the 48-hour notice is not required.
This one is easy to trip over from either side: a landlord who treats on short notice has breached a statutory duty even while trying to fix the problem the tenant complained about.
Three things people get wrong
"The lease says pests are my responsibility, so that settles it." After Parrish v. Vance, a clause purporting to waive statutory rights is unenforceable.
"Virginia law says the landlord must handle pests." § 55.1-1220 does not say that. The duty is derived from habitability, which is why the argument has to be made rather than simply cited.
"I can stop paying rent." Withholding rent outside the escrow procedure risks eviction for nonpayment. The statutory route pays rent into court, not into your pocket.
Where you are in this
If you are a tenant with an active infestation
Everything downstream depends on written notice, dated, with proof of delivery.
Your action: notify the landlord in writing today, keep a copy, and photograph what you are seeing. Then read the repair and deduct page — the 14-day clock starts from your notice.
If you need documentation for court
A DC-429 filing is stronger with a professional assessment than with photographs alone.
Your action: arrange an inspection by a licensed operator and ask specifically for a written report describing the infestation and its likely extent.
If you are a landlord
Your exposure changed in 2024, and the lease clause you may be relying on no longer does what it used to.
Your action: treat promptly, document the treatment, and observe the 48-hour notice rule. What landlords owe after Parrish v. Vance →
If you are buying or selling a home rather than renting
This chapter of law does not apply to you. Obligations in a sale come from the purchase contract.
Your action: see our section on wood-destroying insect inspections in a home sale.
One change to watch
The rent escrow statute, § 55.1-1244, is currently published with an effective-until date of January 1, 2027, which signals a pending revision.
If you are reading this close to or after that date, verify the current text before relying on the procedure described here.
Before you call: what costs what
An inspection and a treatment are two separate services with separate prices, and conflating them is the most common way people end up surprised by a bill.
| Typical Virginia range | What it produces | |
|---|---|---|
| Wood-destroying insect inspection and report | $65–$200 | the NPMA-33 form |
| General pest inspection | often free where the company expects to quote treatment | a verbal or written assessment |
| Termite treatment | $500–$2,000; more where damage is extensive | a treatment record |
| Structural repair | quoted by a contractor, frequently the largest of the three | an invoice, not a pest control document |
What is usually free: a quote for treatment, once a company has seen the problem.
What is usually not: the inspection report used in a real estate transaction, and any visit that produces a document rather than a price.
Ask which applies before you book. A company quoting one figure covering both inspection and treatment is not quoting what a sales contract or a lender requires.
Verify before you pay anyone
If you are hiring a licensed operator — for repair and deduct, or for documentation — confirm the company's license first.
VDACS publishes an updated list of licensed pesticide businesses weekly, with a public lookup for confirming an active Pesticide Business License. Wood-destroying pest control is category 7b under 2VAC5-685-70.
Ask which name the license is held under — trade names often differ from the licensed entity.
This matters more here than elsewhere: repair and deduct requires receipts from a licensed service, and a receipt from an unlicensed operator may not support the deduction.
Other sections
- Wood-destroying insect inspections in a Virginia home sale — the contract clause, the report, loan requirements
- What did I find? — identifying signs on sheets, walls, wood, and floors
- Termites in Virginia — species, swarm season, treatment and cost
- How to check whether a company is licensed — the public registry and what to ask