55-225.8 - Definitions for residential dwelling units subject to this chapter.
§ 55-225.8. Definitions for residential dwelling units subject to thischapter.
As used in this chapter, the following definitions apply:
"Authorized occupant" means a person entitled to occupy a dwelling unitwith the consent of the landlord, but who has not signed the rental agreementand therefore does not have the rights and obligations as a tenant under therental agreement.
"Dwelling unit" means a structure or part of a structure that is used as ahome or residence by one or more persons who maintain a household, whethersingle family or multifamily, including, but not limited to, a manufacturedhome.
"Guest or invitee" means a person, other than the tenant or personauthorized by the landlord to occupy the dwelling unit, who has thepermission of the tenant to visit but not to occupy the premises.
"Interior of the dwelling unit" means the inside of the dwelling unit,consisting of interior walls, floor, and ceiling, that enclose the dwellingunit as conditioned space from the outside air.
"Landlord" means the owner or lessor of the dwelling unit or the buildingof which such dwelling unit is a part. "Landlord" also includes a managingagent of the premises who fails to disclose the name of such owner, lessor,or sublessor. Such managing agent shall be subject to the provisions of §16.1-88.03.
"Managing agent" means a person authorized by the landlord to act on behalfof the landlord under an agreement.
"Mold remediation in accordance with professional standards" means moldremediation of that portion of the dwelling unit or premises affected bymold, or any personal property of the tenant affected by mold, performedconsistent with guidance documents published by the United StatesEnvironmental Protection Agency, the U.S. Department of Housing and UrbanDevelopment, the American Conference of Governmental Industrial Hygienists(the Bioaerosols Manual), Standard Reference Guides of the Institute ofInspection, Cleaning and Restoration for Water Damage Restoration andProfessional Mold Remediation, or any protocol for mold remediation preparedby an industrial hygienist consistent with said guidance documents.
"Notice" means notice given in writing by either regular mail or handdelivery, with the sender retaining sufficient proof of having given suchnotice, which may be either a United States postal certificate of mailing ora certificate of service confirming such mailing prepared by the sender.However, a person shall be deemed to have notice of a fact if he has actualknowledge of it, he has received a verbal notice of it, or from all of thefacts and circumstances known to him at the time in question, he has reasonto know it exists. A person "notifies" or "gives" a notice ornotification to another by taking steps reasonably calculated to informanother person whether or not the other person actually comes to know of it.If notice is given that is not in writing, the person giving the notice hasthe burden of proof to show that the notice was given to the recipient of thenotice.
"Readily accessible" means areas within the interior of the dwelling unitavailable for observation at the time of the move-in inspection that do notrequire removal of materials, personal property, equipment, or similar items.
"Tenant" means a person entitled under a rental agreement to occupy adwelling unit to the exclusion of others. Tenant shall not include (i) anauthorized occupant, (ii) a guest or invitee, or (iii) any person whoguarantees or cosigns the payment of the financial obligations of a rentalagreement but has no right to occupy a dwelling unit.
"Visible evidence of mold" means the existence of mold in the dwelling unitthat is visible to the naked eye by the landlord or tenant in areas withinthe interior of the dwelling unit readily accessible at the time of themove-in inspection.
For any term not expressly defined herein, terms shall have the same meaningas those defined in § 55-248.4.
(2008, c. 640.)