FAQ: Duties of a Life Tenant in Virginia

Short answer: Under Virginia law, a life tenant must avoid committing waste, keep the property in ordinary repair, pay routine carrying costs (like property taxes and necessary insurance), and not take actions that permanently diminish the remainderman’s interest unless the deed says otherwise. Many duties depend on the deed language and the facts. This article explains what those duties usually are, gives a short hypothetical, and tells you what remedies are available if someone fails to meet them.

Detailed answer — what a life tenant typically must do in Virginia

A life estate gives a person (the life tenant) the right to possess and use property for the length of that person’s life. The future interest (the remainder or reversion) belongs to someone else (the remainderman). Virginia follows the traditional common‑law duties for life tenants, unless a deed or will creates different obligations. In practice, those duties include:

1. Do not commit waste

Waste is the core limitation on a life tenant’s conduct. Courts recognize three main kinds of waste:

• Voluntary (or affirmative) waste: deliberate acts that damage or destroy the property (for example, tearing down a house or cutting down valuable timber for sale). A life tenant generally may not commit voluntary waste.
• Permissive waste: failure to take reasonable care that causes deterioration (for example, allowing the roof to collapse by not making ordinary repairs or failing to pay property taxes that lead to foreclosure). A life tenant must take ordinary steps to preserve the property and prevent loss from neglect.
• Ameliorative waste: changes that alter the character of property (for example, converting a farmhouse into a commercial building). Even if a change increases value, it can be waste unless the remainderman consents or the deed allows it.

The general principles above derive from Virginia property law and the common law traditions that Virginia courts apply. For statutory background on Virginia property law, see Title 55.1 of the Code of Virginia: Virginia Code Title 55.1 (Property and Conveyances).

2. Pay ordinary carrying costs and avoid tax foreclosure

Unless the deed says otherwise, a life tenant normally must pay ordinary expenses that arise from possession, such as:

• real estate taxes and assessments attributable to the life tenancy;
• insurance premiums (where insurance is necessary to protect the estate); and
• utilities and routine maintenance costs.

If a life tenant fails to pay taxes and the property is sold in tax foreclosure, the remainderman’s interest can be seriously harmed, and the life tenant may be liable. If the property is subject to an existing mortgage, the life tenant typically must pay interest to protect the remainder holder, but the life tenant is not always required to pay down principal unless the deed or mortgage obligates them to do so.

3. Make ordinary repairs but not wasteful alterations

The life tenant may make ordinary repairs necessary to keep the property in the same general condition. The life tenant may use rents or income from the property to fund those repairs. Major structural changes or demolitions that materially alter the property’s character risk being treated as voluntary or ameliorative waste unless the remainderman consents or the conveyance allows the change.

4. Account for profits and protect the remainderman’s interest

If the life tenant receives rents, profits, or proceeds from the property (for example, leasing farmland or selling crops), the life tenant generally must use those proceeds reasonably and not strip assets in a way that injures the remainder holder. In some circumstances, a remainderman can require an accounting.

5. Follow express terms in the deed or will

Grantors often define special duties in the document that creates the life estate. Those express terms control. For example, a deed may state that the life tenant must maintain the dwelling, pay insurance, or not lease the property. Always read the conveyance carefully: express agreements can expand or limit the life tenant’s obligations.

6. Remedies available to a remainderman in Virginia

If a life tenant commits waste or fails to meet obligations, the remainderman may:

• seek an injunction in circuit court to stop ongoing waste;
• recover damages for past waste or neglect;
• ask for an accounting for rents and profits; or
• seek partition or sale in limited circumstances (if the property is co‑owned or the circumstances justify it).

Procedural rules and remedies in Virginia are governed by the Code of Virginia and court rules; consult the code for property procedures: https://law.lis.virginia.gov/vacode/title55.1/.

Short hypothetical to illustrate these duties

Hypothetical: Alice holds a life estate in a house (gifted by her parent). Bob holds the remainder. The house needs a new roof. Alice refuses to repair it, and water damage begins to destroy the interior. Meanwhile, Alice collects rent from a tenant but spends the income on personal travel.

How Virginia law typically treats this:

• Alice’s failure to replace the roof, leading to damage, is likely permissive waste. Bob can sue to compel repairs or recover damages.
• If Alice is using rents in a way that strips assets that should protect the property, Bob can seek an accounting for the rents and may ask the court to order Alice to apply rents to necessary repairs.
• If Alice wanted to tear down the house and build an apartment complex, that could be voluntary or ameliorative waste; Bob could obtain an injunction unless he consents.

Practical steps for life tenants and remaindermen

Whether you are the life tenant or the remainderman, take practical steps to reduce disputes and protect interests:

Helpful Hints

• Read the deed or will carefully to learn any express duties placed on the life tenant.
• Document the property condition when the life estate begins (photos, inspection reports).
• Keep detailed records and receipts for repairs, taxes, insurance, and any income from the property.
• Communicate with the other party early. Many disputes resolve if parties agree on a repair plan and who pays.
• Before making major changes, get written consent from the remainderman or a court order.
• If taxes or mortgage payments risk foreclosure, address those immediately; the life tenant should generally protect the estate from tax sale or foreclosure.
• Consider mediation before litigation: courts often expect reasonable efforts to resolve waste disputes without full suit.
• Consult a Virginia attorney if waste is threatened or if the parties disagree about substantial repairs or changes. Local counsel can review the deed and advise on steps under Virginia law and practice.

Where to look in Virginia law: The Code of Virginia contains statutes on property and conveyances; review Title 55.1 — Property and Conveyances for statutory context and then consult Virginia case law or an attorney for how courts interpret waste and life estates in specific fact patterns.

Disclaimer: This article is for general information and education only and is not legal advice. It does not create an attorney‑client relationship. For advice tailored to your situation, consult a licensed Virginia attorney.