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2011 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 55-225.9 and 55-248.18:2 of the Code of Virginia are amended and reenacted as follows:
§ 55-225.9. Relocation of tenant where mold remediation needs to be performed in the dwelling unit.
Where a mold condition in a dwelling unit materially affects
the health or safety of any tenant or authorized occupant, the landlord may
require the tenant to temporarily vacate the dwelling unit in order for the
landlord to perform mold remediation in accordance with professional standards
as defined in § 55-225.8 for a period not to exceed 30 days. The landlord shall
provide the tenant with either (a) (i) a comparable dwelling
unit, as selected by the landlord, at no expense or cost to the tenant, or (b)
(ii) a hotel room, as selected by the landlord, at no expense or
cost to the tenant. The tenant shall continue to be responsible for payment of
rent under the rental agreement during the period of any temporary relocation
and for the remainder of the term of the rental agreement following the
remediation. Nothing in this section shall be construed as entitling the tenant
to a termination of a tenancy where or when the landlord has remediated a mold
condition in accordance with professional standards as defined in § 55-225.8.
The landlord shall pay all costs of the mold remediation, unless the tenant is
at fault for the mold condition.
§ 55-248.18:2. Relocation of tenant where mold remediation needs to be performed in the dwelling unit.
Where a mold condition in the dwelling unit materially affects
the health or safety of any tenant or authorized occupant, the landlord may
require the tenant to temporarily vacate the dwelling unit in order for the
landlord to perform mold remediation in accordance with professional standards
as defined in § 55-248.4 for a period not to exceed 30 days. The landlord shall
provide the tenant with either (a) (i) a comparable dwelling
unit, as selected by the landlord, at no expense or cost to the tenant, or (b)
(ii) a hotel room, at no expense or cost to the tenant. The tenant
shall continue to be responsible for payment of rent under the rental agreement
during the period of any temporary relocation and for the remainder of the
term of the rental agreement following the remediation. Nothing in this section
shall be construed as entitling the tenant to a termination of a tenancy where
or when the landlord has remediated a mold condition in accordance with
professional standards as defined in § 55-248.4. The landlord shall pay all
costs of the mold remediation, unless the mold is a result of the tenant's
failure to comply with § 55-248.16.