Two things changed the exposure for Virginia landlords. In March 2024 the Court of Appeals held in Parrish v. Vance that a lease clause assigning pest control to the tenant cannot waive the statutory warranty of habitability. And the code gives tenants three escalating remedies that all start from a single written notice — with clocks of 14 days, 21 days, and a court hearing within 15 days of service.
The lease clause many landlords rely on no longer does the work it used to.
This is general information, not legal advice. Your obligations depend on your lease, your property, and the facts. Consult a Virginia attorney for your situation.
What you owe
§ 55.1-1220 requires you to comply with applicable building and housing codes materially affecting health and safety, and to make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
The section does not mention insects, pests, vermin, or extermination. Your obligation reaches pests through habitability — which is precisely the argument that succeeded in 2024.
§ 55.1-1223 requires 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.
That second rule catches conscientious landlords. Arranging emergency treatment without notice is a statutory breach committed while solving the tenant's problem. Get the tenant's written request, or give the notice.
What the tenant owes
§ 55.1-1227 requires the tenant to keep the occupied portion free from insects and pests and to notify you promptly. The tenant is financially responsible for the added cost caused by unreasonable delay in reporting, and for the cost caused by the tenant's own fault in failing to prevent infestation.
These duties survived Parrish v. Vance. They come from the code, not from your lease — which is why they are still available to you when the lease clause is not.
But note the limit. "Added" cost means the incremental amount the delay caused, not the entire invoice. If you intend to charge a tenant for delay, you need to be able to show what the delay actually cost. How that argument runs →
What changed in 2024
In Parrish v. Vance, decided March 12, 2024, a tenant in Alexandria reported fleas on the day she took possession. Exterminators treated the property; the fleas allegedly persisted. The lease made the tenant responsible for "controlling and eliminating household pests."
The Court of Appeals 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.
Two practical consequences.
Your pest clause is not a defence to a habitability claim. Review it — a clause allocating ordinary housekeeping duties reads differently from one purporting to waive statutory rights.
Treating is not automatically enough. The facts involved treatment that occurred and did not resolve the problem. A record showing three visits and a still-infested unit invites the question whether the attempts were reasonable.
The clocks running against you
All three start with the tenant's written notice.
| Remedy | Your window | If you miss it |
|---|---|---|
| Repair and deduct, § 55.1-1244.1 | 14 days | tenant hires a licensed service and deducts, capped at the greater of one month's rent or $1,500 |
| Termination, § 55.1-1234 | 21 days to remedy | agreement terminates on a date not less than 30 days after your receipt of notice |
| Rent escrow, § 55.1-1244 | reasonable opportunity | hearing within 15 days of service; after 6 months unremedied with no reasonable attempts, escrow awarded to the tenant |
There is also § 55.1-1234.1, which applies where the unit was uninhabitable at the start of the tenancy — rodent infestation is named explicitly. The tenant may terminate on written notice within seven days of the date possession was to transfer and recover all deposits and rent paid, refundable by the fifteenth business day. The prevailing party may recover attorney fees.
Attorney fees are the tail risk. Under § 55.1-1234 the tenant may recover them unless you prove by a preponderance of the evidence that your actions were reasonable under the circumstances. That standard is met by documentation, not by intention.
What protects you
Respond in writing, immediately. A dated written response starts your record and demonstrates engagement.
Use a licensed operator. VDACS publishes an updated list of licensed pesticide businesses weekly. An unlicensed contractor undermines any argument that your response was reasonable.
Document every visit. Date, company, what was done, what was observed, what was recommended. This is the evidence that distinguishes reasonable attempts from going through the motions.
Address conducive conditions. Structural gaps, moisture, drainage, shared-wall entry points. Repeated treatment that ignores the cause reads as unreasonable, and it does not work.
Treat the building, not just the unit. In multifamily housing, treating one unit while adjacent units go untreated commonly fails — and the failure is visible in the record.
Give the 48-hour notice. Or get the request in writing.
Where you stand, by situation
If you have just received written notice
Your 14-day clock is running, and a documented, effective treatment inside it closes most of your exposure.
Your action: respond in writing today, schedule a licensed operator this week, and give the 48-hour notice or obtain the tenant's written request.
If you have treated and the problem persists
This is the fact pattern that reached the Court of Appeals, and the record is what matters.
Your action: escalate rather than repeat. A different method, an inspection of adjacent units, or attention to structural causes shows reasonable attempts; a fourth identical visit does not.
If you believe the tenant caused it
The statute supports you, but it requires evidence.
Your action: get a licensed operator's written assessment of the likely origin and duration, and determine whether other units are affected. Then decide which provision you are relying on — delay or fault — and what supports it.
If you have been served with a DC-429
The hearing is within 15 calendar days of service.
Your action: assemble treatment records, invoices, and correspondence now. What you can show about your attempts determines the outcome. What the tenant filed →
If you own multiple units in one building
Unit-by-unit treatment is the most common cause of recurrence, and recurrence is what generates claims.
Your action: inspect adjacent units when one reports, and treat as a building where the pest travels.
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
"My lease makes pests the tenant's responsibility." After Parrish v. Vance, a clause purporting to waive statutory rights is unenforceable.
"I sent someone, so I've complied." Treatment that does not resolve the condition may not satisfy the habitability duty.
"I can charge the tenant for the delay." You may charge the added cost the delay caused, if you can show it.
"I can treat immediately in an emergency." Not without 48 hours' written notice, unless the tenant requested the application.
"The tenant has to prove it wasn't their fault." You are the one relying on the fault provision, and you will be asked what supports it.
"Rent escrow means they stop paying." They pay the court instead of you, and after six months unremedied the money can be awarded to them.
What to ask a pest control company
- Under what name is your Virginia pesticide business license held?
- Will you provide a written report of what you observed, not just an invoice?
- What conducive conditions are contributing, and what needs to change structurally?
- Should adjacent units be inspected or treated?
- How many visits will full resolution require, and over what period?
- What preparation is required of the occupant, in writing?
- Can you estimate how long this infestation has been established?
The last question is the one you need if you intend to rely on the delay or fault provisions.
What to have ready before you call
Property address and unit count, which units reported, the date of the tenant's written notice, prior treatment history at the property, building type and construction, and any known structural or moisture issues.
Frequently asked questions
Can I require tenants to pay for routine preventive service? Allocating routine service is different from waiving the habitability duty. Have your lease reviewed against Parrish v. Vance.
What if the tenant refuses entry for treatment? Document the refusal in writing. It bears directly on whether your attempts were reasonable and on the fault question.
Do I have to use a licensed company? Habitability requires an effective remedy, and an unlicensed contractor weakens every argument you might make later.
How fast must I act? The tenant's fastest remedy opens at 14 days from written notice. Treat that as your working deadline.
Can I deduct treatment from the security deposit? Deposit handling is governed by § 55.1-1226, and the underlying charge still has to be one the tenant actually owes.
Verify the company you hire
VDACS publishes an updated list of licensed pesticide businesses weekly, with a public lookup confirming an active Pesticide Business License. Categories are set at 2VAC5-685-70 — general pest control is 7a, wood-destroying pests 7b.
Ask which name the license is held under — the trade name and the licensed entity frequently differ, and your record should let anyone match them.