[LoriW24391310]

In Virginia, can a tenant hold rent because landlord failed to make repairs to premises?

[jenniepepsi]

Hello. I'm sorry your dealing with this.


I found this for you.

Virginia Residential Landlord-Tenant Law Law Summary and Law Digest


Typical tenant remedies for breach by landlord.

If landlord breaches his obligations to maintain the premises, tenant normally has several options. First, tenant must usually give landlord a written notice with a deadline in which to repair the problem, the deadline being prescribed by law and varying from shorter to longer depending on the severity and impact of the problem. If landlord fails to act, tenant may either terminate the lease, have the damages repaired by outside contractors or by tenant himself and deduct the cost of repairs from the next month's rent, or withhold rent until landlord repairs the damage. If a landlord fails to provide possession of the premises, tenant may find other lodgings and sue the landlord for the difference in monthly cost, providing tenant mitigates damages. If a landlord wrongfully evicts tenant, the tenant's option is normally to fight the eviction in court and sue landlord for damages

[excon]

Hello L:

If you can, it's not that cut and dried.. I believe we have a copy of Va landlord/tenant laws - whatever there are of them. I don't recall them being complete and concise like other states are. Nonetheless, we have a copy here at the top of the real estate page for your perusal.

In GENERAL, you're not really allowed to withhold rent. You'd instead, be allowed to fix the problem and deduct it from the rent. That would only occur after written notice has been given on several occasions and the landlord refuses to fix it.

Other states, those primarily on the east coast DO allow a tenant to withhold rent - or at least to deposit into an escrow account... NONE of the above happens WITHOUT plenty of written communications.

As you can see, remedies vary. Go read the laws of your state. If you need further help, ask here again.

excon

[LoriW24391310]

hello. im sorry your dealing with this.


i found this for you.

Virginia Residential Landlord-Tenant Law Law Summary and Law Digest


Typical tenant remedies for breach by landlord.

If landlord breaches his obligations to maintain the premises, tenant normally has several options. First, tenant must usually give landlord a written notice with a deadline in which to repair the problem, the deadline being prescribed by law and varying from shorter to longer depending on the severity and impact of the problem. If landlord fails to act, tenant may either terminate the lease, have the damages repaired by outside contractors or by tenant himself and deduct the cost of repairs from the next month's rent, or withhold rent until landlord repairs the damage. If a landlord fails to provide possession of the premises, tenant may find other lodgings and sue the landlord for the difference in monthly cost, providing tenant mitigates damages. If a landlord wrongfully evicts tenant, the tenant's option is normally to fight the eviction in court and sue landlord for damages

Thanks for the response. Court date is July 9

[LoriW24391310]

Hello L:

If you can, it's not that cut and dried.. I believe we have a copy of Va landlord/tenant laws - whatever there are of them. I don't recall them being complete and concise like other states are. Nonetheless, we have a copy here at the top of the real estate page for your perusal.

In GENERAL, you're not really allowed to withhold rent. You'd instead, be allowed to fix the problem and deduct it from the rent. That would only occur after written notice has been given on several occasions and the landlord refuses to fix it.

Other states, those primarily on the east coast DO allow a tenant to withhold rent - or at least to deposit into an escrow account.... NONE of the above happens WITHOUT plenty of written communications.

As you can see, remedies vary. Go read the laws of your state. If you need further help, ask here again.

excon

Thanks for the response. Landlord has submitted default to the court. Court Date July 9