Understanding Your Rights as a Residential Tenant Involved in a VA Rental Dispute
Most rental agreements are governed by a written lease agreement. If your landlord doesn’t live up to the requirements in the lease, they might be in breach of contract. Lease disputes can lead to civil litigation, and it’s essential to understand your rights as a tenant and what legal protections you have.
What Laws Govern Renter’s Rights and Residential Lease Agreements in Virginia?
Several state and federal laws govern rental agreements and landlord-tenant relationships. That includes the Virginia Residential Landlord and Tenant Act, which establishes rights for tenants and landlords and details how rental procedures, including security deposits and evictions, work in the state.
Some other federal and state laws that might be relevant to a rental dispute or other issue you experience as a tenant include:
- Fair Housing Act, which prohibits discrimination in housing decisions based on factors such as race, color, sex, or religion
- Virginia Fair Housing Law, which provides state-level protection against discrimination in housing decisions
- Uniform Statewide Building Code, which sets out safety requirements for habitable buildings
- Fair Credit Reporting Act, which provides some regulations on how credit reports might be used in making housing decisions
What Are Some Common Disputes That Arise Between Landlords and Tenants?
A wide variety of disputes can arise between landlords and tenants, and it’s possible to find yourself in a unique dispute that many other people haven’t faced. However, many disputes center on common issues such as:
- Security deposits
- Evictions
- Repairs and maintenance
- Increasing rent
- Nonpayment of rent
- Invasion of privacy
- Safety of the premises
What Protections Exist for Renters Involved in Such Disputes?
Regardless of the reasons for a rental dispute, the law protects your rights as a tenant and your ability to seek recourse.
The Right to a Safe Home
You have a right to a safe and habitable home. The law sets out specific requirements for landlords, defining the essential safety requirements they must attend to. If your landlord is not attending to these minimal requirements under the law, you may be able to get out of your lease or take other civil action to ensure issues are fixed.
Notification Requirements
Lease agreements typically include details regarding notification requirements. For example, you may be required to send a notification of your intent to terminate the lease in writing.
Notification requirements also govern landlords. They can’t simply change a lease without letting you know and giving you time to review and agree to said changes. Whether it’s in the lease or not, landlords typically have to abide by notification rules when entering your home. They must inform you beforehand if they will be entering the premises to conduct maintenance or inspections; otherwise, a potential privacy violation occurs.
The Right to Withhold Rent
If you notify your landlord of a maintenance issue following the procedures laid out in a lease and the landlord fails to respond promptly or make necessary repairs, you may be able to withhold rent. The goal in withholding rent is often to put more pressure on the landlord to make the repairs or to cover the cost of repairs you must handle yourself.
Withholding rent can increase the severity of a tenant-landlord dispute, as the landlord may claim that you are not paying rent and try to evict you. You may want to talk to a lawyer if issues have reached a point where you’re considering withholding rent.
Protection From Retaliation
The law protects you from landlord actions meant to retaliate against you for asserting your rights. For example, a landlord can’t evict you solely because you withheld rent if you were within your rights to do so. A landlord also can’t raise your rent to punish you because you brought allegations of discrimination against them.
Legal Eviction Procedures
Landlords can’t show up at your door and suddenly kick tenants out. They must go through proper channels for eviction, which means providing ample notification regarding the eviction. Tenants must also be given an option to challenge the eviction in court.
Security Deposit Processes
The law governs how security deposits must be handled, including when they must be returned to tenants. Landlords need to make a logical case for keeping a security deposit, such as damage you did to the home while you resided there.
Get Help From an Experienced Civil Litigation Attorney
The legal protections mentioned above are only some of the protections you have as a residential tenant in Virginia. They are also summarized in a basic manner, and many of these issues can become complex in practical situations. Working with a legal team with experience in civil litigation and landlord-tenant law can help you assert your rights and seek a satisfactory outcome if you find yourself in a rental dispute.
When you connect with attorneys who are experienced in landlord-tenant disputes, you can get guidance about your options. That can provide peace of mind as you take action, whether it’s
withholding rent, sending a written notification to your landlord, or seeking court involvement. If you’re dealing with a rental dispute in Warrenton, VA, or the surrounding area, contact Ashwell & Ashwell, PLLC, today at 540-386-1277 to find out how we can help.