Va. Code § 55.1-1227 makes a Virginia tenant financially responsible in two specific situations: the added cost of treatment caused by unreasonable delay in reporting, and the cost of treatment caused by the tenant's own fault in failing to prevent infestation. Outside those two, cost sits with the landlord's duty to keep the premises fit and habitable under § 55.1-1220.
The word "added" does a great deal of work, and most summaries drop it.
This is general information, not legal advice. Whether a particular charge is lawful depends on the facts. Consult a Virginia attorney or your local legal aid office before paying or disputing a bill.
The two situations, precisely
One: unreasonable delay in reporting. The tenant is financially responsible for the added cost of treatment or extermination due to unreasonable delay in reporting the existence of insects or pests.
Two: the tenant's own fault. The tenant is financially responsible for the cost of treatment or extermination due to the tenant's fault in failing to prevent infestation.
Note the difference between them. The first transfers only the incremental cost that the delay caused. The second transfers the cost of treatment attributable to the tenant's fault.
Why "added" changes the arithmetic
A landlord who discovers a three-month-old roach problem may present the entire invoice to the tenant. The statute does not say that.
It says the tenant is responsible for the added cost — the difference between what treatment would have cost had it been reported promptly and what it cost after the delay.
In practice this is a question of evidence. How much worse did it get, and what did that cost? A licensed operator who can say that a two-week problem is a one-visit job and a three-month problem is a four-visit job has answered it. Without that, an assertion that the delay caused the whole bill is just an assertion.
What "the tenant's fault" means and does not mean
Fault means failing to prevent — not merely living in the unit when pests appeared.
Things commonly argued as tenant fault: accumulated food waste, unsanitary conditions, bringing in infested second-hand furniture, refusing entry for treatment, failing to complete required preparation before a treatment, blocking access to areas needing work.
Things that are not, by themselves, tenant fault: pests entering from adjacent units, structural gaps and entry points, a pre-existing infestation, moisture problems caused by building defects, an infestation present at move-in.
The multifamily case is where this gets decided most often. If neighbouring units have the same problem, the source is difficult to attribute to your housekeeping.
The lease clause does not decide it
Landlords have long written leases assigning pest control to the tenant.
In Parrish v. Vance, decided March 12, 2024, the Court of Appeals of Virginia 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.
So the clause cannot make the tenant responsible where the statute does not. Your duties under § 55.1-1227 remain — they come from the code, not from the lease. More on the decision →
How the argument usually runs
| Landlord says | Statutory question |
|---|---|
| "You didn't report it for months" | what added cost did the delay actually cause? |
| "It came from your furniture" | is that established, or assumed? |
| "The lease makes it yours" | a clause cannot waive statutory rights |
| "Your housekeeping caused it" | fault in failing to prevent, or ordinary occupancy? |
| "Only your unit is affected" | is that true, and has the building been inspected? |
Each of these is answerable, and each is answered with evidence rather than argument.
What actually decides it
The date you reported. Written, dated, provable. This single item answers the delay question and is the reason to report in writing even when a phone call feels sufficient.
A licensed operator's assessment. Someone qualified to say how long an infestation has likely been established, and what a prompt treatment would have involved.
Whether neighbours are affected. In multifamily housing this frequently settles the origin question.
The condition of the unit. Photographs at move-in, and photographs now.
Whether you cooperated. Records of access granted and preparation completed. Refusing entry or skipping preparation is the easiest form of fault to prove against you.
Where you stand, by role
If you have been billed for treatment
Ask what the charge is based on — delay or fault — and what supports it.
Your action: request in writing the basis for the charge and the invoice it derives from. If the claim is delay, the lawful amount is the added cost, not the total.
If you have not reported yet
Every day of waiting builds the landlord's argument.
Your action: report in writing today. This is a statutory duty, and it caps your exposure on the delay question.
If the landlord says you brought them in
Origin is a question of evidence, and evidence is available.
Your action: get a written assessment from a licensed operator on how long the infestation appears to have been established, and find out whether neighbouring units are affected.
If you are a landlord charging a tenant
The statute permits two specific charges, and both require support.
Your action: identify which provision you are relying on and be able to show the incremental cost or the fault. A whole invoice presented as a delay charge does not match the statutory language. 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
"I reported late, so I owe everything." You may owe the added cost that the delay caused.
"The lease says pests are mine." A clause cannot waive statutory rights.
"Living there means it's my fault." Fault means failing to prevent, not occupying the unit.
"They can deduct it from my deposit automatically." Deposit deductions are governed by § 55.1-1226 and must be supportable. A disputed charge does not become valid by being deducted.
"I can refuse entry until we agree on who pays." Refusing access is among the easiest forms of fault to establish against you.
"Bites prove it's a serious infestation." Reactions vary widely. Physical evidence documented by an inspector carries the weight.
What to ask a pest control company
- Under what name is your Virginia pesticide business license held?
- Based on what you see, how long has this infestation likely been established?
- Would prompt treatment have required fewer visits, and what would that have cost?
- Are there structural entry points or building conditions contributing to this?
- Have you treated other units in this building?
- Will you put your observations in writing, separate from the invoice?
The second and third questions are the ones that convert a dispute about blame into a question about numbers.
What to have ready before you call
Unit address and whether the building is multifamily, when you first noticed the problem, the date you reported it in writing, what the landlord has charged and on what stated basis, whether neighbours are affected, and photographs from move-in if you have them.
Frequently asked questions
Can the landlord deduct treatment from my security deposit? Deposit handling is governed by § 55.1-1226. A deduction still has to be for something you actually owe.
What if I reported by phone? It counts as reporting if it can be established. Written notice is what you can prove.
How quickly must I report? The statute says promptly. Same day is unambiguous; weeks of waiting is where "unreasonable delay" begins to be argued.
Does the landlord have to use a licensed company? Habitability requires an effective remedy. If you are paying, the licensing question also determines whether the receipt supports anything later.
What if the infestation started before I moved in? That is not tenant fault. If it was present at handover, a separate remedy may apply — see ending a lease over an infestation.
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. General pest work falls under category 7a and wood-destroying pests under 7b, per 2VAC5-685-70.
Ask which name the license is held under — if you are being charged for someone else's contractor, the licensing question is fair to raise.