Virginia Tenant Rights To Withhold Rent
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FAQ
If, at the beginning of the tenancy, a condition exists in a rental dwelling unit that constitutes a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the premises, including an infestation of rodents or a lack of heat, hot or cold running water, electricity, or adequate sewage ...
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.
What happens if I do not pay the rent after I get the notice? If you do not pay within the 5 days, the landlord can file a court case to make you leave. If the landlord does this, you will get a paper from the court (called an unlawful detainer) that gives the date of your hearing.
If the tenants don't pay rent within the five-day time frame, then the landlord can go to court and file an eviction lawsuit against the tenant. (Va. Code Ann. § 55.1-1245F (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.?