Who Pays for Accessibility Upgrades in Virginia Rentals?

If you’re living in a Virginia rental and need modifications to make your home accessible due to a disability, it’s important to understand how costs are handled and what your rights are. Both state and federal laws, like the Virginia Residential Landlord and Tenant Act and the Fair Housing Act, protect your right to reasonable accommodations—but who pays for these changes is an important question for renters and landlords alike.

Understanding Accessibility Modifications

Accessibility modifications are physical changes made to a rental unit to allow a person with a disability full use and enjoyment of their home. This may include:

• Installing grab bars in bathrooms
• Widening doorways for wheelchair access
• Lowering countertops or light switches
• Adding ramps at entrances

These changes support independent living and are protected under disability rights laws in Virginia.

Who Pays for Modifications?

In most cases, if the modification is for your personal accessibility needs and does not affect the ability for others to use the premises, the renter is responsible for paying for the cost of modifications. However, there are rules that protect both renters and landlords:

• You may be required to restore the unit to its original condition when you move out (reasonable wear and tear excepted).
• Landlords cannot refuse a reasonable modification if it is necessary for your use of the home, but they can require that it be done professionally and with proper permits.
• If a modification is needed in a common area or public part of the building, the landlord generally pays.

This balance is set by the Virginia Residential Landlord and Tenant Act and the federal Fair Housing Act.^1,2

How to Request an Accessibility Modification

The process starts with a written request to your landlord. You should include:

• The specific modification(s) needed
• Proof of disability, if asked (landlords cannot ask about the extent of your disability, only confirmation that it requires the accommodation)
• Who will perform the work and that it will comply with building codes

If you need to negotiate who does or pays for the work, keep records of all communications.

Official Forms You May Need

• Virginia Fair Housing Reasonable Modification Request Form
  • Not mandatory statewide, but many local housing authorities, such as the Virginia Fair Housing Office, provide sample forms. Use this form to formally request a structural change to your rental due to a disability.
  • View the Virginia Reasonable Modification Request Form
  • Example: You submit this form to your landlord to request permission to install grab bars in your bathroom.

If Your Request Is Denied

If your landlord unreasonably denies your request, you have the right to file a complaint:

• With the Virginia Fair Housing Office
• Or the U.S. Department of Housing and Urban Development (HUD)

The Virginia Fair Housing Office investigates complaints and can order remedies if your rights were violated.

Key Laws Protecting Accessibility in Virginia Rentals

• Virginia Residential Landlord and Tenant Act
• Federal Fair Housing Act – Disability Rights in Housing

These laws guarantee your right to request reasonable modifications for accessibility.

FAQ: Accessibility Modifications and Virginia Rentals

1. Can my landlord charge me extra rent or deposits for accessibility modifications?
   No, your landlord cannot charge additional rent but may ask for a reasonable deposit if restoration is needed when you move out.²
2. What if I can't afford to pay for the modification?
   Some local nonprofits and programs offer grants or low-interest loans for accessibility upgrades. Check with the Virginia Department of Housing and Community Development for resources.
3. Is my landlord responsible for accessibility modifications in shared or common areas?
   Yes, landlords are generally responsible for ensuring that common or public areas are accessible and cover related costs.¹
4. Do I have to use a licensed contractor?
   Landlords can require that the work be performed by a licensed professional and that local building codes are followed.
5. Where can I file a complaint if my landlord refuses my request?
   Complaints can be filed with the Virginia Fair Housing Office or HUD.

Summary: What Renters Should Remember

• Renters in Virginia usually pay for accessibility modifications in their own unit; landlords pay for changes in shared spaces.
• You have the right to make reasonable modification requests—use written forms and keep clear records.
• If denied, contact the Virginia Fair Housing Office for help.

Understanding who pays for accessibility upgrades helps protect your rights and supports open communication with your landlord.

Need Help? Resources for Renters

• Virginia Fair Housing Office — Handles discrimination and modification requests
• Virginia Department of Housing and Community Development — Housing support and resources
• HUD Fair Housing Complaint Process
• Virginia Residential Landlord and Tenant Act

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1. Virginia Residential Landlord and Tenant Act – § 55.1-1226
2. Federal Fair Housing Act

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