Virginia Rent Application Withholding
Description
How to fill out Virginia Apartment Lease Rental Application Questionnaire?
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FAQ
In general, an employer who pays wages to one or more employees in Virginia is required to deduct and withhold state income tax from those wages. Since Virginia law substantially conforms to federal law, if federal law requires an employer to withhold tax from any payment, we also require Virginia withholding.
Tenant Rights to Withhold Rent in Virginia Tenants may exercise the right to withhold rent if a landlord fails to take care of important repairs, such as a broken heater. (Va. Code Ann. § 55.1-1244 (2020).)
If repairs are not made, a tenant can file a Tenant's Assertion in General District Court. This must be filed no later than 5 days after rent is due. There is no rent withholding in Virginia, except under ?repair and deduct.?
Also, remember that Virginia does not allow a tenant to withhold rent. Per the law, you must notify a landlord of problems. However, deciding what is required and what notices you should send can be complicated. Facing an eviction can only make the situation more urgent.
Virginia law conforms to the federal definition of income subject to withholding. Virginia withholding is generally required on any payment for which federal withholding is required. This includes most wages, pensions and annuities, gambling winnings, vacation pay, bonuses, and certain expense reimbursements.