Virginia Landlord Responsibilities for Heat and Hot Water

If you rent a home or apartment in Virginia, you have the right to basic living conditions, including safe and working heat and hot water. Virginia law requires landlords to provide and maintain essential services for tenants, especially during the colder months. Understanding your rights and your landlord's obligations can help you resolve issues quickly and keep your home comfortable.

Virginia Law: Heat and Hot Water Requirements

In Virginia, landlords must ensure that all rental units have heating and hot water that work properly. These are considered essential services. The Virginia Residential Landlord and Tenant Act (VRLTA) sets these standards statewide^[1].

• Heat: Landlords must provide and maintain heating appliances in good and safe working order. In most cases, they must keep the heat on during the colder months. The law doesn't set a specific temperature, but heat must be adequate to keep the property habitable.
• Hot Water: The property must have hot running water. Water heaters and plumbing must be kept in safe, working condition.

These services must be maintained at all times unless the lease clearly makes the tenant responsible for the maintenance—which is rare and must be agreed in writing.

When Must Landlords Make Repairs?

If your heat or hot water goes out, your landlord must fix it within a reasonable time—typically within 24 hours for loss of heat during winter or loss of hot water^[2]. Notify your landlord right away by writing, text, or email, and keep a record for your files.

What if Heat or Hot Water Is Not Repaired?

If your landlord does not respond within a reasonable time, you have important options for action under the Virginia Residential Landlord and Tenant Act. Depending on how severe the situation is, you may be able to:

• File a complaint with the Virginia Department of Housing and Community Development.
• Request a rent escrow hearing at your local General District Court if repairs are not made after written notice.
• Seek termination of your lease through the courts if the unit remains unsafe or uninhabitable.

Official Tribunal for Tenant Disputes

In Virginia, the General District Court handles landlord-tenant disputes. They offer rent escrow petitions (Form DC-429) you can use if your landlord is not making necessary repairs.

Relevant Forms and How to Use Them

• Tenant’s Assertion and Complaint (Form DC-429):
  • When to Use: If your landlord fails to make timely repairs for heat or hot water after written notice, submit this form to your local General District Court.
  • How to Use: Fill out the form, attach proof of written notice to your landlord, and file it with the court. You may be able to pay your rent into escrow until the repairs are made.
  • Get Form DC-429 (Tenant’s Assertion and Complaint)

Always follow the official instructions and court guidelines found on the Virginia Judicial System Forms page.

FAQ: Heat and Hot Water in Virginia Rentals

1. How quickly does a landlord have to fix my heat or hot water?
   Legally, Virginia landlords must make repairs to heat or hot water within a reasonable time, typically 24 hours during an emergency or harsh weather.
2. Can I withhold rent if my landlord won't fix the heat?
   No, but you can file a Tenant's Assertion and Complaint and pay rent into court rather than directly to the landlord while repairs are pending.
3. Who do I contact if my landlord refuses to act?
   You may contact the Virginia Department of Housing and Community Development or file a rent escrow action with your local General District Court.
4. Is there a required temperature for rental units in Virginia?
   Virginia does not set a specific minimum temperature, but the heating system must make the unit safe and habitable for tenants.

Key Takeaways

• Landlords in Virginia must keep heat and hot water working at all times.
• If repairs are not made after notice, you can file an official complaint or ask the court for help.
• Always keep written records when you request repairs or communicate about essential services.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development – Landlord-Tenant Resources
• Virginia Residential Landlord and Tenant Act (VRLTA) Official Text
• Virginia General District Court – Landlord-Tenant Cases
• Download Tenant's Assertion Form DC-429

---

1. Virginia Residential Landlord and Tenant Act, § 55.1-1220. Landlord to maintain fit premises
2. VRLTA, § 55.1-1244. Tenant's assertion; rent escrow for failure of landlord to remedy violations

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations