Cal. Civ. Code § 55.1-1209

(Effective until July 1, 2027) Confidentiality of tenant records.

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026VirginiaRecord Retention

Operative Text

Cal. Civ. Code § 55.1-1209
A. No landlord or managing agent shall release information about a tenant or prospective tenant in the possession of the landlord or managing agent to a third party unless:
1. The tenant or prospective tenant has given prior written consent;
2. The information is a matter of public record as defined in § 2.2-3701 ;
3. The information is a summary of the tenant's rent payment record, including the amount of the tenant's periodic rent payment;
4. The information is a copy of a material noncompliance notice that has not been remedied or a termination notice given to the tenant under § 55.1-1245 and the tenant did not remain in the premises after such notice was given;
5. The information is requested by a local, state, or federal law-enforcement or public safety official in the performance of his duties;
6. The information is requested pursuant to a subpoena in a civil case;
7. The information is requested by a local commissioner of the revenue in accordance with § 58.1-3901 ;
8. The information is requested by a contract purchaser of the landlord's property, provided that the contract purchaser agrees in writing to maintain the confidentiality of such information;
9. The information is requested by a lender of the landlord for financing or refinancing of the property;
10. The information is requested by the commanding officer, military housing officer, or military attorney of the tenant;
11. The third party is the landlord's attorney or the landlord's collection agency;
12. The information is otherwise provided in the case of an emergency;
13. The information is requested by the landlord to be provided to the managing agent or a successor to the managing agent; or
14. The information is requested by an employee or independent contractor of the United States to obtain census information pursuant to federal law.
B. Any information received by a landlord pursuant to § 55.1-1203 shall remain a confidential tenant record and shall not be released to any person except in response to a subpoena.
C. A tenant may designate a third party to receive duplicate copies of a summons that has been issued pursuant to § 8.01-126 and of written notices from the landlord relating to the tenancy. Where such a third party has been designated by the tenant, the landlord shall mail the duplicate copy of any summons issued pursuant to § 8.01-126 or notice to the designated third party at the same time the summons or notice is mailed to or served upon the tenant. Nothing in this subsection shall be construed to grant standing to any third party designated by the tenant to challenge actions of the landlord in which notice was mailed pursuant to this subsection. The failure of the landlord to give notice to a third party designated by the tenant shall not affect the validity of any judgment entered against the tenant.
D. A landlord or managing agent may enter into an agreement with a third-party service provider to maintain tenant records in electronic form or other medium. In such case, the landlord and managing agent shall not be liable under this section in the event of a breach of the electronic data of such third-party service provider, except in the case of gross negligence or intentional act. Nothing in this section shall be construed to require a landlord or managing agent to indemnify such third-party service provider.
E. A tenant may request a copy of his tenant records in paper or electronic form. If the rental agreement so provides, a landlord may charge a tenant requesting more than one copy of his records the actual costs of preparing copies of such records. However, if the landlord makes available tenant records to each tenant by electronic portal, the tenant shall not be required to pay for access to such portal.
Source: Legislative text reproduced verbatim
Plain English

Virginia Code § 55.1-1209 establishes that landlords and managing agents are generally prohibited from sharing a tenant's or prospective tenant's personal information with outside parties. The rule carves out a defined list of exceptions—such as written tenant consent, public records, rent payment summaries, law enforcement requests, and certain business-related disclosures—under which sharing is permitted. Tenants may also designate a third party to receive duplicate copies of notices and summonses, and they have the right to request copies of their own records, with limited fees allowed for multiple paper copies.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Va. Code § 55.1-1209, compliant operators generally limit third-party disclosures of tenant information strictly to the enumerated exceptions, such as requests from law enforcement, lenders, contract purchasers who sign confidentiality agreements, or the landlord's own attorney or collection agency. Operators who use third-party electronic record-keeping services should document those arrangements, as liability for a data breach by such a provider is limited except in cases of gross negligence or intentional misconduct. When a tenant designates a third party to receive duplicate notices, landlords generally mail copies to that designee simultaneously with delivery to the tenant, though failure to do so does not invalidate any resulting judgment.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Va. Code § 55.1-1209 gives tenants meaningful control over their personal information held by a landlord or managing agent, restricting its release to a specific set of circumstances. Tenants have the right to designate a third party—such as a trusted contact or advocate—to receive duplicate copies of notices and court summonses related to the tenancy. Tenants may also request a copy of their own records in paper or electronic form, and if the landlord provides an electronic portal for record access, no fee can be charged for using it; tenants who believe their information has been improperly disclosed may wish to consult a tenant-rights organization or legal aid provider for guidance on available remedies.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
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Related Rules

§ 42-103h
Apartment listing service to retain copies of documents.
§ 4912
HOUSING PROVIDER RECORDS
§ 3.4
§ 3.4 Submission of certified payroll and the preservation and inspection of weekly payroll records.

Source Information

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