Many of us have signed the dotted line of a rental agreement. Many of us, or a friend, also have a particular horror story that led them over the line and into a mortgage.
In a city with approximately 50,000 rental units, where more people rent than own, it’s likely than many of those landlord-tenant agreements go awry.
A recent update in July to the 2001 Virginia Residential Landlord and Tenant Act now offers renters more protection when it comes to tenants who have property in need of repair but unresponsive landlords.
Martin Wegbreit with Virginia Legal Aid considers this a victory because the change “makes a remedy available to all tenants.”
In the past, the law only applied to tenants whose landlords owned multiple properties (four or more within the city limits).
“There are a surprising number of small landlords,” Wegbreit said.
Wegbreit also said that when the law was originally amended in 2001, it gave tenants the right to live in dwelling kept habitable and up to code by the landlord.
Where that law failed though, Wegbreit said, was that the General Assembly didn’t give the tenants a clear remedy, a process with which to make necessary claims against the landlord.
Now, 10 years later, there is specific guidance for all Virginia tenants who have property in need of repair but who have unresponsive landlords.
Suppose you have mold, exposed or bad electrical wiring, no central air or heat, a leaky roof/ceiling--or even bedbugs, and your landlord is unresponsive. As tempting as it might be to simply evacuate the apartment or cease paying rent, don’t.
- Be current in your rent
- Give your landlord written notice of the problem
- Wait a reasonable amount of time
After a reasonable amount of time has passes, take a copy of the written notice, along with the next months rent, down to the John Marshall general district court at 400 N. Ninth Street. A clerk will help you file a legal assertion.
Unfortunately, the statue doesn’t define “reasonable amount of time.” Wegbreit referred to the provision for landlords that gives tenants 21 days if a tenant is violating lease.
“So by analogy, that should be the general standard, but when it comes to emergencies of course it depends on circumstance,” Wegbreit said.
There is a small filing fee of $56 to file assertion. We’ve even tracked down the onlinie form, DC-429, available through Virginia courts here.
Wegbreit said that in court, a form (CC-1414) can be filled out, that if approved by the judge, grants permission to file for free (you will be reimbursed).
Tenants in need of advice can contact the Virginia Department of Agriculture and Consumer Services and plenty of information is available online at http://www.valegalaid.org
There are even some savvy 21st century interactive programs where an avatar will walk you through the legal process step-by-step and help you find the appropriate forms.
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