What is a tenant assertion?

Tenant assertion and complaint means a complaint filed against landlord’s breach of lease, violation of state law, other failure, or non-compliance. It is filed against a landlord by a tenant for his/her failure to fulfill an obligation.

What is the meaning of unlawful detainer?

A legal action to evict a tenant that involves properly terminating the tenancy before going to court and seeking possession of the property, unpaid rent, and/or damages. Also known as an eviction lawsuit. landlord & tenant.

How do I file a complaint against a landlord in Virginia?

Complaints involving such issues should be directed to the Virginia Fair Housing Office at 888.551. 3247 or 804.367. 8530.

How long does a landlord have to make repairs in Virginia?

Landlords are required to make and pay for repairs for items under their responsibility. They must do so within 21 days after receiving a written request from tenants (read more).

Can a landlord enter without permission in Virginia?

No notice is required if the tenant requests maintenance, and landlords may enter without consent in an emergency. The Virginia law also warns that landlords cannot abuse the right of access or use it to harass the tenant.

Can you withhold rent in Virginia?

Virginia residents do not have the right to withhold rent from the landlord, but for properties that do not meet health or safety standards or for material breaches of the lease agreement, tenants are able to take specific steps and then pay their rent into the court’s escrow account instead of the landlord.

What happens if you don’t respond to an unlawful detainer?

What happens if you don’t respond within that time frame? The court will enter a default judgment in favor of the landlord, which means the court awarded your right to live in your home to your landlord. This default judgment allows the landlord to obtain a writ of possession.

Is unlawful detainer same as eviction?

An unlawful detainer is the process where, in many states, a landlord can regain possession of the tenant’s apartment. Some states call this an eviction proceeding. Eviction actions and unlawful detainer proceedings are similar in that the goals are removing the tenant lawfully and collecting rent they owe.

What rights does a renter have?

As a renter, your rights include: Occupying the property without being unreasonably disturbed by the landlord, property manager, any staff, or other tenants. Ending the tenancy when your lease is up or by following certain legal procedures. Protection from unauthorized rent increases or evictions.

Can you be evicted in Virginia during Covid?

If you lost income due to COVID-19, show up to your court date and ask the court to delay your eviction case: Your landlord cannot evict you without a court order, no matter what your lease says.

Can you be evicted in VA right now?

“Now that that state of emergency has ended, so do certain protections.” According to Dobbs, landlords can now take legal action to evict tenants for unpaid rent, even if that landlord is refusing to cooperate with the Virginia Rent Relief Program.

Can a landlord enter without notice in Virginia?

restrictions on landlord’s right to access rental property (Virginia landlords must provide 24 hours’ notice of entry, but are not required to provide notice if the entry follows a tenant’s request for maintenance) (Va.

Where can a tenant file a tenant’s assertion?

The tenant may file such an assertion in a general district court in which the premises is located by a declaration setting forth such assertion and asking for one or more forms of relief as provided for in subsection D. B. Prior to the granting of any relief, the tenant shall show to the satisfaction of the court that: 1.

What is title 55.1-1244 tenant’s assertion?

§ 55.1-1244. Tenant’s assertion; rent escrow Table of Contents » Title 55.1. Property and Conveyances » Subtitle III. Rental Conveyances » Chapter 12. Virginia Residential Landlord and Tenant Act » Article 4. Tenant Remedies » § 55.1-1244. Tenant’s assertion; rent escrow

Can a court impose reasonable costs on a tenant?

In cases where the court deems that the tenant is entitled to relief under this section and enters judgment for the tenant, the court, in its discretion, may impose upon the landlord the reasonable costs of the tenant, including court costs, and reasonable attorney fees.