QUESTION

What recourse do I have when a landlord wont make repairs?

Asked on Feb 10th, 2014 on Landlord and Tenant Law - Virginia
More details to this question:
my landlord won't fix the problems with the septic system in our house. Sewage spills out into the yard and the smell is horrible. Tried to get him to fix it and he told me " first of the fall". Its now February and nothing has been done other than having it pumped. That was less than a month ago, and the septic is coming out into the yard again. A former renter had the same problem about 5 years ago. Help me please.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
The Virginia Residential Landlord and Tenant Act has  provision for putting your rent in escrow with the court and filing a Tenant's Assertion against your landlord when he has failed to make necessary repairs.  However, that procedure is only available to tenant's whose landlords fall under that act.  Small landlords who rent out fewer than 10 units (in some counties, fewer than 4) are excluded from the act.  So if this is the only place your landlord rents, you cannot use that process.  In that case, your best option may be to contact the code enforcement office for the county in which you live and have them come out to inspect and cite him.  You may also be able to seek an injunction in court, but that is a complicated process and it would be difficult for you to do that without hiring a lawyer. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  
Answered on Feb 11th, 2014 at 11:30 AM

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