Legal Question in Landlord & Tenant Law in Virginia

tenant /landlod

Do all landlords fall under va. code section 55-248?

The furnace is broken, the lanlord knows it's broken, i know there are exception but i don't know if this applies to the home in question.

the home in question is a single family, owned by an individual, I'm not sure if he owns more than 10.


Asked on 10/31/08, 10:46 pm

1 Answer from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: tenant /landlod

You mean 55-248.2 et seq. 55-248 would not seem to apply here. Also there are exemptions in 248.5:

� 55-248.5. Exemptions; exception to exemption.

A. Except as specifically made applicable by � 55-248.21:1, the following conditions are not governed by this chapter:

1. Residence at a public or private institution, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar services;

2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest;

3. Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

4. Occupancy in a hotel, motel, vacation cottage, boardinghouse or similar lodging held out for transients, unless let continuously to one occupant for more than thirty days, including occupancy in a lodging subject to taxation as provided in � 58.1-3819;

5. Occupancy by an employee of a landlord whose right to occupancy is conditioned upon employment in and about the premises or an ex-employee whose occupancy continues less than sixty days;

6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;

7. Occupancy under a rental agreement covering premises used by the occupant primarily in connection with business, commercial or agricultural purposes;

8. Occupancy in a public housing unit or other housing unit subject to regulation by the Department of Housing and Urban Development where such regulation is inconsistent with this chapter;

9. Occupancy by a tenant who pays no rent; and

10. Occupancy in single-family residences where the owner(s) are natural persons or their estates who own in their own name no more than ten single-family residences subject to a rental agreement; or in the case of condominium units or single-family residences located in any city or in any county having either the urban county executive form or county manager plan of government, no more than four.

B. Notwithstanding the provisions of subsection A, the landlord may specifically provide for the applicability of the provisions of this chapter in the rental agreement.

(1974, c. 680; 1975, c. 314; 1977, c. 427; 1983, c. 244; 1985, c. 314; 1988, cc. 184, 602; 1991, c. 552; 2000, c. 760.)

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Answered on 11/01/08, 11:19 am


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