Frequently Asked Questions


LAWS

What laws protect me as a tenant in Fairfax County?
Key laws that govern tenant-landlord relationships in Fairfax County are the Virginia Residential Landlord and Tenant Act (VRLTA), Chapter 13 - Landlord and Tenant and the Virginia Uniform Statewide Building Code (VUSBC.)

The Virginia Residential Landlord and Tenant Act (VRLTA) applies to all jurisdictions in Virginia. The VRLTA applies to all landlords unless they own two or fewer single-family residential dwelling units and the rental agreement states they opt out of the VRLTA. 


Chapter 13 - Landlord and Tenant of the Virginia code applies if the landlord is exempt from the VRLTA and expressly opts out of the VRLTA by stating in the rental agreement.  §§ 55-225.01 through 55-225.48  of Chapter 13 - Landlord and Tenant will apply.   

The VUSBC establishes the minimum standards for safety and quality of life issues in all dwellings, whether occupied by an owner or tenant. This code covers plumbing, electrical, structural, heating, hot water supply, appliances, fixtures, equipment, and environmental conditions, both inside and outside the property. These standards determine the level of maintenancerequired by the landlord. If you feel your dwelling does not meet the minimum standards of the VUSBC, review the Tenant Resource Sheet and contact the Department of Code Compliance at 703-324-1300, TTY 711.

RENT AND FEES

I had to pay an application fee to be considered for an apartment rental. Can I get this fee back if I decide not to rent, or if my application isn't approved?
Yes, if the application fee exceeds $20. The landlord must refund, within 20 days, all application and/or deposit money in excess of his actual expenses and damages, together with an itemized list of those expenses and damages. If a rental unit was reserved for you and you changed your mind after approval, you might be charged for lost rental income. If the application is rejected and you paid by cash, certified check, cashier's check or money order, the return must be within ten days of rejection.

Is there any limit or ceiling on rent increases?
There is no rent control in Virginia. A landlord can increase rent to whatever the rental market will bear, regardless of how long you have rented there. However, a landlord cannot increase rent during the term of the rental agreement.

I rented my condominium to two individuals. One lost his job and hasn't paid his half of the rent. What can I do to collect the back rent?
Most leases state that all tenants are "jointly and severally" responsible. That means that any agreement to share or proportion the rent is between the tenants only, but each has a legal responsibility for the full payment. If one tenant can't uphold his part of the agreement the other(s) must still pay the full amount of rent or face eviction for non-payment.

SECURITY DEPOSIT

How much can a landlord require as a security deposit?
When the VRLTA applies, a security deposit may not exceed two months' rent.

Can I use my security deposit for the last month's rent?
No. The deposit is required to secure the tenant's performance of all parts of the rental agreement and is a security against any damages to the leased premises. It is not a rental payment.

I moved from a rental unit three months ago and the landlord has ignored my requests to return my security deposit. How can I get my money back?
The VRLTA requires the landlord to return the security deposit within 45 days of the tenant’s termination of the premises, and provide an itemized list of any damages or items that resulted in deductions. If the landlord does not respond to your requests or you disagree with deductions from your security deposit, you can file a complaint for voluntary mediation with the Consumer Affairs Branch at 703-222-8435, TTY 711.

I rented a townhouse for nine years. The landlord says they don't owe any interest on my security deposit. Aren’t I owed interest?
Prior to January 1, 2015, the VRLTA required a landlord to pay interest on security deposits held in excess of 13 months. Virginia code does not currently require interest to be paid on a security deposit. However, interest earned prior to the repeal of the Virginia code must be paid.

I received only part of my security deposit and a list of deductions for "damages" that were not noted during the walk-through inspection. Is this legal?
Neither the VRLTA nor most lease agreements require that deductible damages must be found and identified during the walk-through inspection. It is quite possible that damages or conditions were covered up or just not identifiable until a cleaning or maintenance crew enters the unit. If the damages are verifiable to the former tenant, the landlord may legally deduct for the necessary repairs.

If I don't like the apartment or the area, can I break the lease or just move out? What happens if I do?
A lease agreement is a legally binding contract under which the tenant is liable for all rent due through the termination date of that contract. If a tenant breaks the rental agreement before the termination date, the landlord can claim damages for loss of rental income, re-advertising, redecorating, reasonable attorney fees, or other expenses caused by your breach of the contract. If you must break the contract, discuss it with the landlord to find if a reasonable cost can be agreed to; get it in writing and signed by both parties so there is no misunderstanding at a later date.

MAINTENANCE AND REPAIR

Can I withhold the rent if the landlord violates the lease or fails to provide maintenance?
No! There is no legal reason to withhold a rent payment. The lease agreement is a binding contract in which you agreed to pay the rent, so non-payment or withholding of the rent is as much of a violation as the landlord's alleged violation. If you have a complaint, first make it in writing to your landlord. You may also file a complaint with the Consumer Affairs Branch or call 703-222-8435, TTY 711. Other possible options are outlined on pages 14-15 of the Tenant-Landlord Handbook.

We have no heat or hot water. The landlord hasn't fixed the problem after many notices. What can I do?
If you have a problem in your rental unit that your landlord won’t fix after you gave them notice of the problem, review the Tenant Resource Sheet to see which county agency can assist you. No heat from October 15-May 1, and lack of hot water during tenancy are violations of the Virginia Uniform Statewide Building Code (VUSBC.) Contact the Department of Code Compliance at 703-324-1300, TTY 711 to request an inspection. For voluntary mediation, file a complaint with the Consumer Affairs Branch.

I rented an older apartment because the landlord said it would be all fixed up and very nice to live in. There is no new paint or carpets, the air conditioner is noisy, there is no microwave, and the tile is very old. How can I make the landlord improve these things?
These are conditions that existed when you inspected the premises. There is no legal requirement that a rental unit must be repainted and/or re-carpeted between rentals; noisy equipment is not a violation of law; a microwave may be a common convenience but is not a legal requirement; and the old tile, if safe and secure, is acceptable. If these or similar conditions are not violations of the VUSBC and the promised improvements were not set down in writing as a condition and requirement of the rental agreement, then you accepted these conditions "as is" when you signed the lease and you can't force the landlord to make the improvements. Get it in writing or don't sign the lease.

DISCRIMINATION

After renting for five years, my landlord gave me a notice to vacate and won't renew my lease. I think they are discriminating against me. What can I do?
A landlord is not required to renew or extend a lease agreement beyond its termination date, or to give a reason for not renewing or extending the lease if proper notice is given. If you believe you are being discriminated against call the Fairfax County Human Rights Commission at 703-324-2953, TTY 711.

MOVING OUT

Two months ago, I told the manager in front of the whole staff that I had to move, and he said OK. Now, the manager has charged an extra month's rent for not giving proper required notice. Is this legal?
If your lease agreement says that either party may terminate by giving written notice, then notice of termination MUST be in writing. Even if you have a dozen witnesses who heard you tell the manager that you were moving, you have not given the proper notice as required in the lease. When you do send written notice, keep a dated copy of this notice for your records.

I have a lease agreement to rent a room in a private house, but now the landlord is demanding that I move out, immediately. Can he evict me like this?
No, he can't, for two reasons. First, an eviction is a court judgment resulting from a legal process in court and only the judge can issue an eviction order. No landlord has that authority. Secondly, the lease agreement is just as binding on the landlord as on the tenant, so if there is no breach of lease agreement, there is no justification for an eviction. However, if the landlord files for an eviction anyway, you MUST attend the court hearing to defend your right to remain in the premises.
 


 


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