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HiringBed Bugs

Is my landlord responsible for bed bugs in Virginia?

In most cases the duty falls on the landlord. Under the Virginia Residential Landlord and Tenant Act the landlord must keep the rental fit and habitable and follow housing codes. Your side is to report insects or pests promptly, put repair requests in writing and allow access for treatment. A tenant who unreasonably delays reporting, or is at fault for the infestation, can be charged for treatment.

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By Kasra Taheri, Founder, LoclisPublished

Researched and drafted with AI, then checked claim by claim against the sources listed below before it was published. Prices and rules change; the dates beside each source say when it was last checked.

Step by step

Read when to stop and call a pro, further down this page, before you start.

  1. Step 1: Confirm what you found

    Keep a specimen in a sealed bag or on clear tape; an extension agent can identify it at no cost.[10]

  2. Step 2: Tell the landlord promptly

    Virginia tenants must promptly notify the landlord of insects or pests, so report it as soon as you have evidence.[2]

  3. Step 3: Put it in writing

    Send a dated letter or email describing what you found and where, and keep a copy; repair requests are made by written notice.[7]

  4. Step 4: Keep records

    Write down dates and exact places where bugs or bites were found, and keep photos, specimens and every message.[10]

  5. Step 5: Allow access

    Let the landlord and the pest control company in to inspect and treat; a tenant may not unreasonably withhold consent to entry.[4]

  6. Step 6: Follow the prep list

    Do the laundering, bagging and clearing the pest company asks for, and ask for the list in writing before the visit.

  7. Step 7: Do not spray it yourself

    Leave pesticides and bug bombs alone; they are dangerous indoors and will not control bed bugs.[11]

  8. Step 8: Ask about the units nearby

    In an apartment, ask the landlord whether the units around yours will be inspected too.[10]

  9. Step 9: Get advice if nothing happens

    If the landlord does not act on your written notice, contact your local legal aid program at (866) 534-5243 before you change how you pay rent; there is no rent withholding in Virginia except under repair and deduct.[7]

In most Virginia rentals, yes. The Virginia Residential Landlord and Tenant Act applies to most residential rental properties in Virginia,[8] and it puts the duty to keep the home fit to live in on the landlord. It also gives the tenant a job: report the problem promptly and let the landlord treat it. Who ends up paying depends mostly on how quickly it was reported and whether the tenant caused it.

This page explains the rules; it is not legal advice. For your own situation, talk to legal aid (details below).

What the landlord must do

Section 55.1-1220 of the Code of Virginia lists the landlord's duties. Two of them cover bed bugs:

  • "Comply with the requirements of applicable building and housing codes materially affecting health and safety"[1]
  • "Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition"[1]

A locality (county, city or town) may act on behalf of a tenant to enforce the Act to address conditions that are a fire hazard or serious threat to life, health, or safety.[7] In Fairfax County, the housing code side is handled by code compliance. Fairfax County's code compliance office quotes Section 309 of the Virginia Property Maintenance Code: "All structures shall be kept free from insect and rodent infestation."[9] When a Fairfax investigator finds an infestation as the code defines it, the party responsible for the building gets a Notice of Violation directing it to hire a professional pest control operator,[9] while pests that do not meet the code's infestation definition are not regulated by the code or subject to enforcement action by the department.[9]

What the tenant must do

Section 55.1-1227 sets the tenant's side. The tenant must "Keep that part of the dwelling unit and the part of the premises that he occupies free from insects and pests"[2] and "promptly notify the landlord of the existence of any insects or pests".[2] The definition of insect that section points to covers invertebrates "belonging to the class Insecta including beetles, bugs, and bees",[3] so bed bugs are included.

Side view of an adult bed bug, flat-bodied and reddish brown, feeding on a person's skin
Photo: Piotr Naskrecki, CDC, public domain, via Wikimedia Commons

Who pays

The landlord carries the duty to keep the unit fit and habitable,[1] and a landlord cannot require a tenant to pay a fee for the maintenance or repair of a unit unless the damage was from a tenant's violation.[7] For pests, § 55.1-1227 names two cases in which the tenant pays. The tenant is responsible for "the added cost of treatment or extermination due to the tenant's unreasonable delay in reporting" insects or pests,[2] and for "the cost of treatment or extermination due to the tenant's fault in failing to prevent infestation".[2]

Because the first case turns on delay, report early and keep a dated copy of what you sent. A report made months after the first bug, once the bugs have reached the next unit, invites an argument about the added cost.

Reporting it and letting them treat

Make the report in writing. To request repairs, the tenant must give the landlord written notice of the need for repairs, and give the landlord a reasonable amount of time to make the repairs.[7] Describe what you found, where and when, and keep a copy. In an apartment, the units near yours should be inspected too,[10] so ask the landlord about them in the same note.

Then cooperate with the treatment. Under § 55.1-1229, "The tenant shall not unreasonably withhold consent to the landlord to enter"[4] to inspect and make repairs. Unless it is impractical, the landlord must give at least 72 hours' notice of routine maintenance you did not ask for, but no notice is needed for maintenance you requested.[4] The statute does not name bed bugs, but for a nonemergency condition that can only be fixed by moving the tenant out, the landlord may, with at least 30 days' written notice, require you to move temporarily, for up to 30 days, to a comparable unit or a hotel chosen by the landlord at no cost to you.[4] You keep paying rent during the move, and the landlord pays the cost of the remediation.[4]

Do not try to solve it with store-bought sprays while you wait: "Insecticide exposure is dangerous for you, and will not control bed bugs."[11]

If the landlord does not act

Virginia gives tenants formal remedies, each with its own notice rules:

  • Ending the lease. If the landlord does not fix a material problem affecting health and safety, a tenant can serve written notice that the lease will end at least 30 days after the landlord receives it if the breach is not remedied within 21 days.[5] A tenant may not end the lease over a condition the tenant, an occupant or a guest caused.[5]
  • A Tenant's Assertion in court. If repairs are not made, a tenant can file a Tenantʼs Assertion in General District Court.[7] Until January 1, 2027, the tenant must be current on rent to file one; after that date, the tenant does not have to be. Rent that comes due is paid into the court's escrow.[7] In these cases there is a rebuttable presumption that a delay of more than 30 days after the landlord receives notice is unreasonable,[6] and the landlord can defend the case by showing the condition was caused by the tenant, a household member or a guest, or that the tenant unreasonably refused entry to fix it.[6]
  • Not paying rent is not one of them. There is no rent withholding in Virginia except under repair and deduct,[7] a separate remedy with strict notice and invoice rules.

Stop and call a pro if

  • The landlord refuses to treat, charges you for treatment, or has not acted weeks after your written notice. Tenants with questions can contact their local legal aid program at (866) 534-5243 or valegalaid.org/find-legal-help.[7]
  • You are thinking about ending the lease, filing in court or using repair and deduct. Each has deadlines and notice rules that legal aid can check for you.
  • You own the rental. A licensed pest control company should inspect the affected unit and the ones around it, and a written treatment plan protects you and your tenants.
  • Bites are causing a strong skin reaction or signs of infection. See a healthcare provider.

Getting help on Loclis

Start with how to check your mattress for bed bugs so your notice describes real evidence, see what bed bug treatment costs in Virginia, browse bed bug services or read the other pest control answers. Landlords and owners can describe the job on Loclis and licensed pest control businesses can quote.

Common questions

Does Virginia law mention bed bugs by name?
The tenant-duty section of the Virginia Residential Landlord and Tenant Act speaks of insects and pests, and the definition it points to covers bugs. Bed bugs fall under the general rules: the landlord keeps the unit fit and habitable and follows housing codes, and the tenant reports pests promptly.
Can my landlord make me pay for bed bug treatment?
Only in limited cases under the statute: when the tenant unreasonably delayed reporting, the tenant pays the added cost that delay caused, and when the tenant's fault caused the infestation, the tenant can be charged for the treatment. Ask the landlord to put any charge and the reason for it in writing.
Can I stop paying rent until the bed bugs are gone?
No. There is no rent withholding in Virginia except under the repair and deduct rules. The court route is a Tenant's Assertion, in which rent is paid into the court's escrow. Talk to legal aid before you change how you pay rent.
Do I have to let the exterminator in?
Yes, within reason. A Virginia tenant may not unreasonably withhold consent for the landlord to enter to inspect, make repairs or supply services, and a landlord can defend a tenant's court case by showing the tenant unreasonably refused entry to fix the problem.
Who can help if my landlord ignores me?
Legal aid can be reached at (866) 534-5243 or valegalaid.org/find-legal-help. A county, city or town may act for a tenant over conditions that are a fire hazard or a serious threat to life, health or safety. In Fairfax County, the Department of Code Compliance enforces the Property Maintenance Code's rule that structures be kept free from insect infestation.

Sources

  1. [1] Code of Virginia § 55.1-1220. Landlord to maintain fit premises, Virginia General Assembly, Legislative Information System. Checked October 26, 2026.
  2. [2] Code of Virginia § 55.1-1227. Tenant to maintain dwelling unit, Virginia General Assembly, Legislative Information System. Checked October 26, 2026.
  3. [3] Code of Virginia § 3.2-3900. Definitions, Virginia General Assembly, Legislative Information System. Checked October 26, 2026.
  4. [4] Code of Virginia § 55.1-1229. Access; consent; correction of nonemergency conditions; relocation of tenant, Virginia General Assembly, Legislative Information System. Checked October 26, 2026.
  5. [5] Code of Virginia § 55.1-1234. Noncompliance by landlord, Virginia General Assembly, Legislative Information System. Checked October 26, 2026.
  6. [6] Code of Virginia § 55.1-1244. Tenant's assertion; rent escrow, Virginia General Assembly, Legislative Information System. Checked October 26, 2026.
  7. [7] Statement of Tenant Rights and Responsibilities under the Virginia Residential Landlord and Tenant Act (as of July 1, 2026), Virginia Department of Housing and Community Development. Checked October 26, 2026.
  8. [8] Tenant and Landlord Resources, Virginia Department of Housing and Community Development. Checked October 26, 2026.
  9. [9] Pest Infestation and Rodent Harborage, Fairfax County Department of Code Compliance. Checked October 26, 2026.
  10. [10] Do-it-yourself Bed Bug Control, U.S. Environmental Protection Agency. Checked October 26, 2026.
  11. [11] Bed Bugs: How to Protect Yourself and Your Home (ENTO-31NP), Virginia Cooperative Extension, Virginia Tech. Checked October 26, 2026.

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