Legal Question in Landlord & Tenant Law in Virginia

Rights to Heating

Heater broke its 13 degrees outside, called property manager, who gave us repairman number to call. Called repairman and left message. 6 hours later no call, called progerty manager back ask for alternate plan, they stated it was out of their hands and their was nothing else they could do. ASked if they would call another repairman and they refused. What are my rights, don't they have to exhaust every effort? Thank you, Chris Berthold


Asked on 1/22/05, 1:22 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Rights to Heating

You should lodge a complaint against your landlord as soon as possible with your local city or county health department.

If your lease is covered under the Virginia Residential Landlord Tenant Act (VRLTA), you can send a certified letter(return receipt requested)

giving written notice of your complaint to your landlord. If the heating situation is not corrected, you can then begin to withhold the monthly rent amount by paying it instead into an escrow account maintained by the clerk of your local general district court.

If the landlord continues to refuse to take responsibility for fixing the heat, you can then hire a repairman on your own and recover at some point in the ensuing court proceeding any monies which you yuourself have had to spend to fix the heating. Va. Code Sec. 55-248.25

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Answered on 1/22/05, 4:36 pm


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