Filing an Effective Repair Request as a Virginia Renter

If you’re a renter in Virginia and something in your home or apartment needs fixing, knowing how to file a repair request is key to having the problem resolved quickly and legally. Virginia state law provides renters with the right to safe, livable housing, and there are clear steps you can take to ensure your landlord meets these obligations.

Your Right to Repairs: The Basics

Under the Virginia Residential Landlord and Tenant Act (VRLTA), landlords must keep rental properties habitable and safe. This means handling essential repairs to plumbing, heating, appliances, and other vital services. Problems that affect health or safety—like no heat in winter or plumbing leaks—must be addressed within a reasonable time, usually 21 days after giving written notice, or sooner if the issue is urgent.^[1]

How to Make a Repair Request in Virginia

Documenting your request properly can help get repairs done faster and protects your rights as a tenant. Here’s a step-by-step process Virginia renters should follow:

Step 1: Notify Your Landlord in Writing

• Always make repair requests in writing (email, letter, or a landlord’s maintenance portal).
• Be specific: Describe the repair needed, where the issue is, and how it affects you.
• Include the date and keep a copy for your records.

Step 2: Allow a Reasonable Time for Repairs

• By law, your landlord typically has up to 21 days to fix non-urgent issues after receiving your written notice.
• For emergencies, landlords should act “promptly” (often within a few days or less).

Step 3: Use the Official Tenant’s Assertion Process If Not Resolved

If your landlord doesn’t fix the issue after proper notice, Virginia offers a formal path called the “Tenant Assertion” procedure. This allows you to ask a General District Court judge to order repairs or address rent-related remedies.

• Form Name: Petition for Relief from Unlawful Exclusion or Entry or Failure of Landlord to Provide Essential Services (Form DC-421)
• When to Use: If your landlord fails to provide essential services (like heat, water, or electricity) or ignores repair requests after written notice, you can file this form with your local General District Court.
• Official Source & Instructions: Download DC-421 Petition for Relief and see Virginia General District Courts information.

When you file, be prepared to provide proof of your written notice, photos of the repair need, and any communication records.

What Happens After Filing a Tenant’s Assertion?

The General District Court will review your petition. If the judge finds your claim valid, they can order the landlord to make repairs, reduce your rent until repairs are completed, or allow you to pay rent into court until the issue is resolved.^[2]

Remember: Do not withhold rent, attempt repairs yourself, or deduct costs from your rent until you have followed the legal process. Doing so could risk eviction.

Key Legal Protections in Virginia

• Habitability Requirements: Landlords must comply with building codes, keep the premises safe, and maintain appliances and common areas.
• Prohibited Retaliation: Your landlord cannot evict you, raise your rent, or punish you for requesting repairs.
• Document Everything: Always save copies of all written requests, photos, and responses.

These protections are detailed in the Virginia Residential Landlord and Tenant Act.

FAQ: Virginia Renters' Repair Rights

1. Can I stop paying rent if repairs aren’t made?
   No, you must continue paying rent unless the court allows you to pay it into escrow after a formal Tenant Assertion. Otherwise, unpaid rent could result in eviction.
2. How quickly do landlords have to respond to urgent repair requests?
   For urgent issues affecting health or safety, landlords must respond “promptly,” which generally means as soon as possible, often within 24-72 hours.^[1]
3. What if my landlord ignores my repair request?
   Follow up with another written notice. After 21 days for non-urgent issues (or sooner for emergencies), you can file a Tenant Assertion using Form DC-421 at your local General District Court.
4. Can I make repairs myself and deduct from rent?
   No, Virginia law does not allow tenants to make repairs and deduct costs from rent without following the legal Tenant Assertion process and court approval.^[2]
5. Who handles disputes about repairs in Virginia?
   The Virginia General District Courts handle tenant-landlord disputes, including repair requests and Tenant Assertions. Visit General District Courts for more.

Conclusion: How to Get Results

• Submit written repair requests, keep records, and allow a reasonable time for your landlord to respond.
• If repairs are not made, use Form DC-421 to start a Tenant Assertion case with your local General District Court.
• Never withhold rent or attempt "repair and deduct" without a judge’s permission.

Understanding your rights and following these steps will help ensure that serious repairs get addressed and your living space remains safe and comfortable.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development: Landlord-Tenant Resources
• Virginia General District Courts: Find Your Local Court
• Virginia Legal Aid: Tenant Information
• For emergencies or unsafe conditions, contact your local city or county code enforcement office.

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1. VRLTA § 55.1-1220: Landlord to maintain fit premises
2. VRLTA § 55.1-1244: Tenant’s assertions; rent escrow

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