Landlord Not Fixing Issues and Repairs? Here’s What You Can Do

In the rental property business, landlords are mandated by law to provide a safe, secure, and habitable place for their tenants to live in. But what if you’re faced with a landlord not fixing issues and repair requests in your rental? What do you do? To answer this question and more, here’s a review of your rights as a tenant regarding repairs and property maintenance.

Key Takeaways

• In Fairfax and across Northern Virginia, landlords must fix issues that affect health, safety, and essential services.
• Written communication creates a clear record, helps avoid misunderstandings, and strengthens your position if the issue escalates.
• If you’re dealing with a landlord not fixing issues and repairs, tenants can escalate the issue through formal notices or legal remedies.

Why Your Landlord Might Not Be Fixing Repairs

As Northern Virginia property managers, we know that landlords are generally bound by their legal obligation to provide safe and habitable housing to their tenants. That is why you’re expected to contact your landlord or property manager in case there’s anything in the property that requires fixing. Now, what if you’ve contacted your landlord and they still haven’t fixed the issue? Before jumping to conclusions, here are some of the common reasons why your landlord still hasn’t addressed a repair issue in your rental:

• Missed or miscommunication: Proper notice is required when you formally ask your landlord for property repair or maintenance. Now, failure to follow the right notice procedure, such as simply telling your landlord about it instead of putting it into writing, can increase the risk of the request being missed or overlooked.
• Unforeseen Delays: According to Virginia law, landlords are expected to address repairs within a reasonable timeframe, depending on the circumstances or severity of the issue. However, unforeseen delays can pop up. One of the common reasons why requests may not be addressed immediately is due to logistical issues, such as poor scheduling or a lack of proper materials. Unfortunately, some of these circumstances are typically out of your landlord’s control, so there’s limited flexibility.
• Responsibility Disputes: In some cases, disputes regarding who is specifically responsible (landlord vs tenant) for the repair needed for property damage can delay action. This is because state regulations have provisions where certain types of property damage can shift the burden of repairs from the landlord to the tenant.

What Repairs Are Landlords Legally Required to Fix

Following the implied warranty of habitability in rental properties and Virginia state laws, landlords are required to maintain a safe and habitable environment for their tenants. This means that meeting safety building codes during the construction, ensuring habitability before renting, and maintaining its condition throughout tenancies. But what exactly are the types of repairs your landlord is expected to fix? Generally, this includes all matters that affect your health, safety, and security, such as:

• Heating and air conditioning (HVAC) systems
• Electrical systems
• Plumbing and sewer systems
• Roofing and structural safety concerns
• Water leaks and water damage
• Mold or moisture issues
• Pest infestations and control

However, this comes with certain conditions. First, cosmetic issues and repairs, such as chipping or faded paint and scratches on the floor, are usually not considered safety concerns that warrant the urgent attention of your landlord. Similarly, property damage and excessive wear and tear caused by the tenant are not entirely covered by the landlord’s legal obligation. Instead, they can coordinate the repair procedure, but the tenant shoulders the cost.

How Long Does a Landlord Have to Fix Repairs

Dealing with a habitability issue in your rental property can be stressful. Even more so if your landlord seems to be uncooperative or unresponsive. The question is, how much time should you give your landlord to address the issue before you take further action? Under Virginia Law, tenants may give the landlord 14 days’ written notice to fix any issues. If you have a landlord not fixing issues or repairs, then tenants may have legal options, including lease termination, depending on the situation.

However, the law does not set a strict, universal deadline for all repairs; it only requires that they be completed within a reasonable time. That said, emergency issues must be addressed within a reasonable time, which is typically much faster than non-urgent repairs.

Failure to do so means that you have the right to pursue legal remedies. Here, you may choose to hire a licensed contractor to fix the issue. Then, you may be able to file a case to recover the cost it took to do so from your landlord. In some cases, Virginia law allows limited remedies such as repair-and-deduct in certain situations, but strict legal procedures must be followed. Tenants may also need to file a Tenant’s Assertion in court.

Landlord Not Fixing Issues or Repairs? Here’s What to Do

Repair procedures in rental properties can be tricky. That is why there is an established legal procedure that you need to follow to ensure that your request is processed and addressed in accordance with state regulations. Here’s how it works.

First, you need to check your lease to review the specific guidelines regarding repair and maintenance requests, reporting methods, and response timelines. Then, submit a formal notice to your landlord to let them know about the issue and request their immediate assistance. This notice should include a description of the problem and how it started to provide your landlord enough context to assess the issue. If a reasonable time has passed and your landlord has not made any steps to address the problem, send a second repair notice that will serve as a polite follow-up but firm reminder for your landlord to take action.

During this time, it is important to document everything that is happening – from the series of communications between you and your landlord to the condition of your property throughout the process. This is essential in case of disputes, and the situation escalates. Having a clear record is critical in protecting your rights as a tenant.

How Bay Property Management Group Can Help

Having issues with your landlord not fixing issues or maintaining your rental? This situation can be a real headache for tenants. That is why laws and regulations are designed to protect your rights and ensure that your landlords follow habitability requirements for rental properties. However, navigating such issues can be a little tricky. So, consider working with a property management company, like us at BMG, to handle these problems for you. Interested? Contact us today to learn more about how we can help.