Real Estate Law
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
In which state do you reside? On what basis is the landlord indicating that it may not be her responsibility to make the necessary repairs? It is safe to live in the property?
I look forward to assisting you as soon as I have received this information. Thank you.
I see. Thank you for providing this additional information, Geoff.Even if the range is under warranty, between you and the landlord, it is the landlord's obligation to ensure the problem is timely repaired unless you agreed otherwise in the lease.VA code does permit a tenant to take certain actions where a landlord fails to make a major repair as set forth below:
§ 55-248.23. Wrongful failure to supply heat, water, hot water or essential services.
A. If contrary to the rental agreement or provisions of this chapter the landlord willfully or negligently fails to supply heat, running water, hot water, electricity, gas or other essential service, the tenant must serve a written notice on the landlord specifying the breach, if acting under this section and, in such event, and after a reasonable time allowed the landlord to correct such breach, may:
1. Recover damages based upon the diminution in the fair rental value of the dwelling unit; or
2. Procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance, as determined by the court.
B. If the tenant proceeds under this section, he shall be entitled to recover reasonable attorney fees; however, he may not proceed under § 55-248.21 as to that breach. The rights of the tenant under this section shall not arise until he has given written notice to the landlord; however, no rights arise if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent.
So you must provide notice in writing of the repair issue and provide the landlord with a reasonable time to make the necessary repair before seeking any of the remedies listed above. I would send notice by certified mail or other notice which permits you to retain proof it was received.
Here is a link to the applicable section of the code:
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