Virginia Notice to Lessor of Need for Repairs with Estimated Cost

State:
Multi-State
Control #:
US-00813BG
Format:
Word; 
Rich Text
Instant download

Description

This notice assumes that there is a term in the lease that provides that the tenant may make repairs, at Lessor's expense, after receiving written approval of Lessor.

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FAQ

A landlord CANNOT require a tenant to pay for carpet cleaning in advance of moving. Any payments in excess of rent are considered security deposits ATCP 134.02(11). Withholding that money would be considered a withholding from a security deposit, which is illegal absent "unusual damage".

Currently, state law allows the landlord more time to fix issues that compromise the health and safety of the tenant. The tenant can file a detailed, written complaint and give notice that the rental agreement will terminate on or after 30 days, if the landlord hasn't fixed the issue within 21 days.

Tenants can do their own end of tenancy cleaning. The landlord cannot force them to use any cleaning company, or a cleaning service at all.

If the problem is an emergency (such as no heat in winter, or no water), your landlord must fix it immediately. This imeans within hours, or at most a day or two. For other repairs, you should give a reasonable time, such as 10-15 days, to make the repairs needed.

Under Virginia landlord-tenant laws, a landlord may charge a tenant no more than the equivalent of two months' rent for the security deposit. Alternatively, a landlord may require the tenant to have damage insurance coverage (or a combination of insurance and a deposit) in an amount no greater than two months' of rent.

After you move out of an apartment, a landlord might withhold money from your security deposit for professional carpet cleaning. That charge may be fair if you left the carpet in worse shape than when you moved in.

In Virginia, landlords are not allowed to charge a cleaning fee unless it is specified in the lease agreement. Landlords may charge a cleaning fee if the cleaning goes above-and-beyond normal usage resulting in the landlord suffering a loss due to the tenant's non-compliance.

Currently, under the Virginia Landlord Tenant Act, if a landlord does not make a critical repair within 30 days, the tenants can file a Tenant Assertion and pay their rent to the court until the landlord completes the needed repair.

Virginia residents do not have the right to withhold rent from the landlord, but for properties that do not meet health or safety standards or for material breaches of the lease agreement, tenants are able to take specific steps and then pay their rent into the court's escrow account instead of the landlord.

For instance, some leases state that the tenant agrees to pay the cost of carpet cleaning once she moves out. If that part of the lease is proper, the landlord can deduct for that charge. The landlord can also deduct any unpaid rent or late fees from the deposit.

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Virginia Notice to Lessor of Need for Repairs with Estimated Cost