Demanding Repairs Before Moving In: Virginia Renters Guide

Moving into a new rental home in Virginia should be an exciting and positive step. But what if you discover problems—like broken appliances, unsafe wiring, or water leaks—before you move in? As a Virginia renter, you have legal rights to demand necessary repairs before your tenancy begins. Understanding your options and following official steps ensures your rental is safe and habitable from the very first day.

Understanding Your Rights to a Habitable Home in Virginia

Virginia law requires landlords to provide safe, clean, and fit rental units that meet minimum standards. This is called the landlord's "duty to maintain" under the Virginia Residential Landlord and Tenant Act (VRLTA).^[1] The law applies whether you're moving into an apartment, townhome, or single-family house.

• Landlords must fix issues that affect health or safety before move-in.
• Some issues, like pests, major plumbing, HVAC, or electrical problems, are always considered urgent.
• Minor cosmetic issues are the landlord's choice to repair but do not make the home legally "uninhabitable."

Inspecting the Property Before Move-In

Before signing your lease or receiving keys, always inspect the property with your landlord or property manager. Take photos and make detailed notes about any repairs or damage you notice, inside and outside.

• Many landlords in Virginia use an official Move-In/Move-Out Inspection Report. This may be provided by your landlord. Confirm if they use a specific form or inspection process.
• If an inspection isn't offered, you can request one under Virginia law (VRLTA, § 55.1-1214).

Official Inspection Form in Virginia

• Move-In/Move-Out Inspection Report (No state-issued form number)
  When to use: Before move-in, complete this form with your landlord to agree on the property's condition. Note any repairs needed.
  How it helps renters: It creates an official checklist, protecting you from being blamed for pre-existing damage when you move out.
  Download the Virginia sample Move-In/Move-Out form here from the Department of Housing and Community Development.

How to Request Repairs Before Move-In

If you spot problems during your inspection, you have the right to request repairs before moving in. This can avoid disputes and ensure your new home is ready.

1. List repairs in writing. Clearly describe each issue. Attach photos if possible.
2. Send your request to your landlord/property manager via email, certified mail, or your tenant portal for proof.
3. Allow a reasonable time for repairs. Virginia law usually expects repairs within 14–21 days for non-emergency items (see VRLTA, § 55.1-1244).
4. Get confirmation in writing. Ask for written acknowledgment and estimated timelines from your landlord.

If landlord does not act, you may have the right to withhold rent or pursue legal remedies—but only after following the official process detailed below.

Virginia Tenant's Formal Repair Request Process

For issues that go unresolved, you may need to take formal action before you move in.

• Official Notice of Repairs Needed (No specific state form):
  Clearly state the problem, request timely repair, and reference your rights under VRLTA § 55.1-1220 and § 55.1-1244. Always send this by a traceable method.
• Contacting the Local Housing Authority:
  Some cities and counties may have local inspection programs. Find your locality's housing code office through the Virginia DHCD Landlord-Tenant Resources page.
• Filing a Tenant's Assertion with the General District Court:
  If repairs are not made, you can file a "Tenant's Assertion and Complaint" (Form DC-429) with your local General District Court to ask a judge to order repairs—or allow rent to be paid into escrow until conditions are fixed.
  Find your local General District Court.
• See the Tenant's Assertion and Complaint (Form DC-429)

Action Steps: Requesting Pre-Move-In Repairs

• Never sign a lease until you are satisfied with scheduled repairs or have written proof the landlord will fix issues before move-in.
• If repairs are not addressed, and you must move in, follow up in writing and consider legal action as outlined above.

Your Next Steps if Repairs Are Ignored

If your landlord refuses to address significant pre-move-in repair needs:

• Do not withhold rent or fix issues yourself without following the official legal process.
• File a Tenant's Assertion (Form DC-429) in the General District Court to legally require repairs or hold your rent in escrow.

The Virginia General District Court is the official body handling residential tenancy disputes, including repair issues (General District Court information).

FAQ: Virginia Renters and Pre-Move-In Repairs

1. Does Virginia have a required pre-move-in inspection form?
   No, but the state offers a sample Move-In/Move-Out Inspection Report for renters and landlords to use. Many landlords provide their own forms or checklists.
2. What if my landlord won't fix important problems before I move in?
   Send a written repair request, reference your rights under the VRLTA, and if needed, file a Tenant's Assertion (Form DC-429) with the General District Court to seek corrections before or after move-in.
3. Can I refuse to move in if major repairs aren't done?
   If the home is legally "uninhabitable" (threatening health/safety), you may have a right to cancel the lease and seek a refund, but always consult your local housing office or the court first.
4. Should I pay rent if essential repairs haven't been made?
   Do not withhold rent on your own. Instead, follow the Tenant's Assertion process for legal protection. Paying rent into the court's escrow is the proper legal method if repairs remain unaddressed after proper notice.

Conclusion: Key Takeaways for Virginia Renters

• Inspect before signing your lease and document everything in writing with photos.
• Use the official Move-In/Move-Out Inspection Report and clearly list needed repairs.
• If repairs are ignored, know your rights and use the formal Tenant's Assertion process through the General District Court.

Staying informed, organized, and proactive is the best way to protect your rights and enjoy a safe move-in experience in Virginia.

Need Help? Resources for Renters in Virginia

• Virginia Department of Housing & Community Development: Landlord-Tenant Resources
• Virginia General District Court (For Tenant's Assertion Filings)
• Virginia Legal Aid (Free Legal Help for Renters)
• Local city or county housing code enforcement offices (find through your city/county website)

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1. Virginia Residential Landlord and Tenant Act: Full Text of the VRLTA
2. Sample Move-In/Move-Out Inspection Report: Download from the Virginia Department of Housing and Community Development
3. Tenant's Assertion and Complaint (Form DC-429): Official Virginia Court Form
4. Virginia General District Court: Official Website for Civil Filing and Resources

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