When Can Virginia Renters Call a Professional for Emergency Repairs?

If you’re a renter in Virginia, dealing with a leaking pipe, broken heater, or other urgent repair need, knowing when you can call a professional yourself is important. Virginia law protects your right to a safe and livable home, but there are steps and rules you need to follow. This guide will help you understand your rights under the Virginia Residential Landlord and Tenant Act and what to do if emergency repairs aren’t made quickly.

Understanding Emergency Repairs in Virginia

Emergency repairs are fixes needed to prevent serious damage to the property or to protect your health and safety. Examples include:

• No heat during winter or no air conditioning during extreme heat
• Major plumbing leaks or sewer backups
• Loss of essential services like water or electricity
• Broken exterior doors or locks that risk your security

In these situations, you need quick action. Virginia law requires landlords to make repairs that affect health or safety within a reasonable time, usually within 14 days after you give written notice. In true emergencies, the timeline may be much shorter.

What Are Your Rights as a Virginia Renter?

As a tenant, you have a right to request that your landlord fix issues that make your home unsafe or unlivable. According to the Virginia Residential Landlord and Tenant Act, your landlord must:

• Keep the property in good repair
• Maintain essential services like heat, water, and electricity
• Respond to urgent repair requests promptly

If repairs aren’t made in a reasonable time after you notify your landlord, you may have options to resolve the issue.

When Can You Call a Professional Repair Service Yourself?

Virginia law lets tenants arrange (and pay) for emergency repairs if:

• The problem directly affects health or safety
• You have notified the landlord in writing of the issue
• The landlord fails to make timely repairs (typically within 14 days, but faster in true emergencies)

If these steps are met, you can pay for the repair or service yourself and deduct the reasonable cost (up to $1,500, or one month’s rent, whichever is greater) from your next rent payment. You must provide the landlord with receipts and details of what was done (Virginia Code § 55.1-1244.1).

Forms for Notifying Your Landlord

You will need to formally notify your landlord in writing and allow them a chance to fix the issue before taking action. The main form you may use is:

• Tenant's 14-Day Notice to Repair
  If your landlord fails to act, you must send a written notice that gives them 14 days to make repairs.
  Official sample template: Virginia 14-Day Notice to Landlord (PDF)
  Example: You find water leaking from your ceiling. You promptly send this notice, giving your landlord 14 days to fix the leak, and keep a copy as proof.

What if the Landlord Still Doesn’t Respond?

If the landlord does not fix the problem within the allowed time and you choose to hire a professional, you must:

• Keep all receipts for repairs you pay yourself
• Send a copy of the receipt to your landlord
• Deduct only the amount permitted by law from your next rent payment
• Continue paying any remaining rent on time

What is the Virginia Tenant-Landlord Tribunal?

If there is a dispute over repairs or deductions from your rent, either tenant or landlord can file a case with the Virginia General District Court (the tribunal handling most landlord-tenant issues). This is your forum to resolve disputes over emergency repairs, unsafe housing, or rent withholding.

Summary

In Virginia, you can call a professional for emergency repairs if your landlord fails to act, but you must follow the legal steps and use the official notice. Always try to communicate in writing and keep records of all repair costs and correspondence.

Frequently Asked Questions

1. What counts as an emergency repair in Virginia?
   Repairs needed to maintain your safety or prevent substantial property damage—like heat outages in winter, major leaks, or power loss—are emergencies.
2. Can I always deduct repair costs from my rent?
   No, you must first notify your landlord in writing and give them a reasonable time (usually 14 days) to fix the problem, unless it’s an immediate emergency, and then follow all legal requirements.
3. What if the repair cost is more than $1,500 or my rent?
   You may not deduct more than $1,500 or one month’s rent (whichever is greater). For larger repair needs, seek help from the court or tenant advocacy clinics.
4. Can my landlord evict me for making emergency repairs?
   No, as long as you follow Virginia law, your landlord cannot evict you for exercising your right to make necessary emergency repairs and deduct the cost properly.
5. Who handles complaints about unaddressed repairs in Virginia rentals?
   The Virginia General District Court handles landlord-tenant repair disputes. You may also seek advice from the Virginia Department of Housing and Community Development.

Conclusion: Key Takeaways for Virginia Renters

• You have the right to a safe, habitable home under Virginia law
• Notify your landlord in writing about urgent repair needs and use the official 14-day notice
• If the landlord fails to act, you may arrange repairs and deduct within legal limits—keep all records

If you’re ever unsure, contact the resources below for help before taking costly steps on your own.

Need Help? Resources for Renters

• Virginia Residential Landlord and Tenant Act (Official Law)
• Virginia General District Court – Landlord & Tenant Information
• Virginia Department of Housing and Community Development – Landlord-Tenant Resources
• 14-Day Notice to Landlord – Sample Form (PDF)

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1. Virginia Residential Landlord and Tenant Act
2. Virginia Code § 55.1-1244.1: Tenant’s Remedies for Landlord’s Failure to Supply Essential Services or Make Repairs
3. Virginia General District Court: Landlord & Tenant Cases
4. Virginia 14-Day Notice to Landlord Form

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