Virginia has no statute requiring a landlord to disclose a bed bug history or a known infestation to a prospective tenant before signing a lease. This surprises people, because many sources state the opposite. What Virginia does have is a tenant duty to report promptly under § 55.1-1227, a landlord duty to give 48 hours' written notice before applying pesticide under § 55.1-1223, and a habitability duty under § 55.1-1220 that does not mention pests at all.
This is general information, not legal advice. Statutes are amended and local ordinances may add requirements. For your situation, consult a Virginia attorney or your local legal aid office.
The disclosure myth
Search for bed bug laws and you will find Virginia listed among states with disclosure requirements. Read the code and the requirement is not there.
Several states do have bed bug disclosure statutes. Virginia is not among them. A landlord who knows the unit had bed bugs last year is not required by statute to tell you before you sign.
What that does not mean. It does not mean a landlord may lie. It does not mean the landlord has no obligation once an infestation exists. And it does not mean a local ordinance cannot add something the state code does not.
What it does mean. If bed bug history matters to you, ask in writing before signing. A question asked and answered creates a record that silence never will.
What the code actually says
§ 55.1-1227 — the tenant's duties, which name pests explicitly.
The tenant 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 caused by unreasonable delay in reporting, and for the cost of treatment caused by the tenant's own fault in failing to prevent infestation.
§ 55.1-1220 — the landlord's duties, which do not.
The landlord must comply with applicable building and housing codes materially affecting health and safety, and must make all repairs and do whatever is necessary to keep the premises fit and habitable. Insects, pests, vermin, and extermination appear nowhere in the section. The obligation reaches bed bugs through habitability.
§ 55.1-1223 — the 48-hour rule.
The landlord must give written notice to the tenant 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 notice is not required.
Why the asymmetry matters for bed bugs specifically
Bed bugs travel. They arrive in luggage, in used furniture, on clothing, and through shared walls in multifamily buildings. Origin is genuinely hard to establish.
That makes § 55.1-1227's fault provision unusually consequential here. A landlord facing a bed bug claim has an obvious argument available: the tenant brought them in.
Which is why prompt reporting is your strongest single action. It is a statutory duty, it limits the "added cost" exposure, and it creates a dated record before the argument about origin begins.
What Parrish v. Vance changed
Landlords commonly wrote leases assigning pest control to the tenant and relied on them.
On March 12, 2024, the Court of Appeals of Virginia held in Parrish v. Vance 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 case involved a flea infestation in an Alexandria rental where the lease made the tenant responsible for household pests.
The clause is no longer a complete answer. Your duties under § 55.1-1227 still apply. More on the decision →
The 48-hour rule cuts both ways
A landlord who arranges emergency treatment without written notice has breached a statutory duty while trying to solve the problem the tenant reported. That is an awkward position for a landlord acting in good faith.
For tenants who want treatment fast: request it in writing. If the tenant requests the application, the 48-hour notice is not required, and the delay disappears.
Practical realities the statutes do not address
Heat treatment versus chemical treatment. Different methods, different costs, different preparation demands, and different implications for whether you can occupy the unit during treatment. Ask which is proposed.
Multifamily buildings. Treating one unit while adjacent units go untreated commonly fails. If neighbours have the same problem, say so in writing — it is relevant both to effectiveness and to the argument about origin.
Preparation requirements. Most treatments require substantial preparation by the occupant: laundering, bagging, moving furniture. Failure to prepare is a common reason treatment fails, and it can be characterised as tenant fault.
Furniture disposal. Do not discard infested items before documenting them. They are evidence, and improper disposal can spread the problem.
Where you stand, by role
If you just found bed bugs
Reporting is both your duty and your protection.
Your action: notify the landlord in writing today, dated, with proof of delivery. Photograph what you found, including the location, before anything is moved or thrown away.
If the landlord is not responding
The statutory routes open after written notice.
Your action: see repair and deduct, which begins 14 days after your written notice, and rent escrow if the cost will exceed the deduction cap. Heat treatment for a whole unit frequently does exceed it.
If treatment happened and they came back
Bed bugs commonly require multiple visits; a single failed treatment is not the same as an unresolvable problem.
Your action: document each visit and the condition afterwards. A pattern of ineffective treatment supports a habitability argument — that was the shape of Parrish v. Vance.
If the landlord says you brought them in
Under § 55.1-1227 cost follows fault, so this is not a rhetorical point.
Your action: gather what supports your side — the date you moved in, the date you first reported, whether neighbours have the same problem, and a licensed operator's assessment of how long the infestation appears to have been established.
If you are a landlord
You cannot rely on a lease clause, and you must give 48 hours' written notice before treatment unless the tenant requested it.
Your action: treat promptly using a licensed operator, document each visit, and put the notice in writing. More →
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.
Common misunderstandings
"Virginia requires bed bug disclosure." It does not. Several states do; Virginia is not among them.
"The landlord doesn't have to do anything, then." The habitability duty under § 55.1-1220 still applies, and a lease clause cannot waive it.
"The lease says pests are mine." After Parrish v. Vance, that clause cannot waive statutory rights.
"I'll report it once I'm sure." Delay shifts added cost to you under § 55.1-1227.
"One treatment should fix it." Bed bugs commonly require multiple visits and thorough preparation.
"Treating my unit is enough." In multifamily buildings, untreated adjacent units are a frequent cause of recurrence.
What to ask before you sign a lease
Ask in writing, and keep the answer.
- Has this unit been treated for bed bugs in the past two years?
- Have any adjacent units been treated?
- What is the landlord's procedure if bed bugs are reported?
- Who selects the treatment company, and who pays?
There is no statutory duty to volunteer this. There is a difference between not volunteering and answering a direct question falsely.
What to ask a pest control company
- Under what name is your Virginia pesticide business license held?
- Heat or chemical, and why for this situation?
- How many visits does this normally require?
- What preparation is required of the occupant, in writing?
- Can the unit be occupied during and immediately after treatment?
- Will you provide a written report describing the extent, separate from the invoice?
- Based on what you see, how long has this likely been established?
The last question speaks directly to the argument about who brought them in.
What to have ready before you call
Unit address and whether it is multifamily, when you first noticed bites or signs, where the evidence is, your move-in date, whether neighbours report the same, the date of your written notice, and whether anything has been discarded.
Frequently asked questions
Can the landlord charge me for treatment? Under § 55.1-1227, where the cost arose from your unreasonable delay in reporting or from your own fault in failing to prevent infestation.
Can I refuse entry for treatment? Refusing access undermines the landlord's ability to remedy and weakens your position. If the notice period is the issue, address that instead.
Do I have to throw out my mattress? Not necessarily; encasements are commonly used. Ask the treating company before discarding anything.
Are bites proof? Reactions vary widely between people, and bites alone are weak evidence. Physical signs — live insects, shed skins, fecal spotting — are what an inspector documents.
What if my building has a bed bug policy? A policy cannot waive statutory rights, but it may add procedures. Follow it and keep records.
Verify before you pay anyone
VDACS publishes an updated list of licensed pesticide businesses weekly, with a public lookup confirming an active Pesticide Business License. Wood-destroying pest control is category 7b under 2VAC5-685-70; general pest work falls under category 7a.
Ask which name the license is held under — it matters if the receipt supports a rent deduction or a court filing.