Legal Question in Real Estate Law in Virginia

Tenant has Repairs done on heating system without notifying Landlord in advance.

Tenant and landlord have agreement that if repairs/maintenance is required, tenant is to ask permission from landlord to proceed and deduct expense incurred from rent due, & turn in receipts. Tenant has not paid rent for 2 months, calls repair company in to fix heating problem without notifying landlord of problem first (I am assuming since they haven't paid rent, there would be no rent to deduct cost out of.) Wife pays for small portion and then spouse declares bankruptcy. Tenant is evicted and company performing repairs can't find them (neither can the landlord). Company that performed repairs is now asking landlord to pay. Landlord did not authorize tenant to undertake such repairs and had no knowledge of this occurring until company informed them. If repairs were done without homeowners knowledge, consent or permission, is the homeowner still liable? Landlord is already out of $7000 back rent due to bankruptcy protection of tenant until relief from automaticd stay was granted.


Asked on 12/07/99, 5:32 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Tenant has Repairs done on heating system without notifying Landlord in adva

Landlord would probably not be liable except under a quantum meruit theory (what it's worth to him), or if the repairs were true emergencies (gas or water leaks, etc.), unless the lease can be read to authorize the repairs.

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Answered on 12/08/99, 10:29 pm


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