What Tenants Need to Know

Consumer Affairs BranchFairfax County Department of Cable and Consumer Services

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Be sure the neighborhood fits in with your lifestyle.

Inspect the rental before you pay a deposit or sign a lease agreement.

If the rental is not available, find out about the age and condition of the unit, the appliances, and the fixtures.

Ask for and read the lease agreement thoroughly. Ask questions if you don’t understand or

disagreement with any of the terms and conditions.

Before You Rent

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Discuss and negotiate terms and conditions you disagree with before you sign the lease agreement.

If there are any changes to the lease agreement, make sure they are in writing and add them to the agreement.

Read the lease agreement again.

Before signing the lease, be sure you are willing to live with all of the terms and conditions plus the rental rules.

Before You Rent

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A signed rental agreement is a legally binding contract.

There is no grace period after signing a lease to change your mind.

If you and the landlord cannot agree to terms that satisfy both of you, continue your search for a rental situation that you will be comfortable with.

Signing the Lease

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A lease or rental agreement is a contract that sets the terms of the relationship between the landlord and tenant.

Both the tenant and landlord should agree with all of the terms before the landlord accepts rent money and the tenant takes possession of the rental.

After the lease is signed, both the tenant and landlord have a legal obligation to complete the term of the lease agreement.

Lease Agreement

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Length of the tenancy

Amount of rent per month

Amount of security deposit

Fees: late fee, application fee, pet fee, etc.

Number of people who can live at the rental

Which party is responsible for utilities and other costs

What’s in the Lease Agreement?

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If pets are allowed and if so, the terms and conditions

If the tenant can sublet or have a roommate

The landlord’s access to the rental unit

Landlord’s responsibilities

Tenant’s responsibilities

Rules governing behavior

What’s in the Lease Agreement?

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Money required by the landlord to cover the cost of damage or charges owed due to a breach of the lease agreement.

The landlord holds the security deposit for the length of the rental agreement.

A landlord can ask for a security deposit up to two months rent.

What is a Security Deposit?

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After a tenant moves out, a landlord must return the security deposit:

◦ Within 45 days

◦ Pay Interest if required

◦ Provide an itemized list of deductions A landlord may use the security deposit for:

◦ Unclean conditions

◦ Broken appliances

◦ Utilities

◦ Unpaid rent or fees

What is a Security Deposit?

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Move-In Inspection

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Move-In Inspection

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Move-In Inspection

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Move-In Inspection

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Move-In Inspection

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A landlord is required to make repairs and keep all appliances and facilities in good and safe working order.

A landlord is responsible for any repairs they agreed to under the terms of the lease, or verbally.

A landlord must also maintain the premises in compliance with state and local Housing and Building codes and fire codes.

When there is a problem in the rental dwelling, contact the landlord first.

Follow up with a letter.

Do not withhold your rent.

Repairs and Maintenance

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SAMPLE REPAIR REQUEST LETTER

Landlord's Name or Property Management CompanyAddressCity, State, ZipDate

Dear (Landlord's Name):

I am writing to request repairs to (appliance, plumbing problems, no heat, etc.) due to (reason for repair, such as normal wear and tear, broken appliance, etc.). I live at (your complete address, including apartment number).

Describe in detail what needs to be repairedState why the repair is needed, even if it's obvious Describe what you have done, such as speaking with them over the phone or by e-mail

It would be appreciated if you would arrange to have these repairs completed as soon as possible. Contact me at (phone number or e-mail) if you have any questions or need more information. Please let me know when the repairs will take place.

Thank you for your prompt response.

Sincerely,

Your Name

Repairs and Maintenance

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If the landlord does not fix or repair the problem after you have provided notice, contact the

following county agencies for help:

Fairfax County Zoning Enforcement Branch, Property Maintenance

Fairfax County Health Department, Division of Environmental Health, Community Health and Safety Section

Consumer Affairs Branch

Repairs and Maintenance

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A landlord may enter your apartment to:

Inspect the premises.

Make repairs requested by the tenant.

Make alterations or improvements.

Show the unit to prospective tenants or purchasers.

Handle an emergency situation such as a hazardous or life threatening situation, or a court order.

When Can a Landlord Enter?

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A landlord must give the tenant reasonable notice and may enter only at reasonable times.

Must give at least 24-hours notice of routine maintenance not requested by the tenant.

If the tenant requests repairs or service, the 24-hour notice is not required.

Must the Landlord Give Notice?

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Reasons for Filing an Eviction Nonpayment of rent. Breach of the Lease.

◦ Unauthorized pets

◦ Noise

◦ Excessive damage or changes to the premises Illegal activity by the tenant, authorized

occupants, or guests Holding over after the lease term has ended. Abandonment of the premises.

Eviction

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An eviction is a court action used by a landlord to remove a tenant from a rental unit.

The landlord must provide the tenant with a 5-Day Pay or Quit Notice or a 30 day Notice to Quit.

This notice gives the tenant 5 days from the receipt of service to pay the entire balance owed or leave the premises in 30 days.

Eviction

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If the tenant does not move or pay the overdue rent, the landlord must go to court and prove the tenant did something wrong that justified ending the tenancy.

A landlord cannot:

◦ Remove a tenant or their personal belongings.

◦ Lock-out the tenant without a court order.

◦ Force an eviction by deliberately cutting off essential services like hot and cold running water or utilities.

If a landlord attempts to carry out an illegal eviction, a tenant should call the Fairfax County Police non-emergency number at 703-691-2131.

Eviction

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The landlord may ask for:

◦ Back Rent

◦ Late Fees

◦ Court Fees

◦ Attorney fees if allowed by the lease

◦ Payment of any damages to the property

◦ Possession of the property

 

This action does not end the tenant's obligation to fulfill the term of the lease

agreement.

Eviction

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A “Summons in Unlawful Detainer” must be filed in the Fairfax County General District Court.

Once filed a court date is assigned.

This document is served by the Sheriff’s Office.

Tenant-Landlord cases are usually scheduled for hearing on Fridays at 9:30 a.m. in the Civil Division of the General District Court.

Eviction

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Summons for Unlawful Detainer

Eviction

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At the trial, both the tenant and landlord are given an opportunity to present their position.

You must appear in court to be sure your side of the story is heard.

If you don’t show up a default judgment can be entered against you.

Be prepared to provide information and evidence that supports your position, such as canceled rent checks.

The court may not consider circumstances such as unemployment, medical hardships, or financial difficulties as a defense for non-payment of rent.

Eviction: Court Hearing

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If a judgment is entered against you and the landlord is granted possession of the premises, you must make arrangements to move out.

The “Writ of Possession in Unlawful Detainer” is the actual order of eviction.

After judgment is entered, there is a 10-day appeal period.

To appeal a case, the tenant must post a bond and satisfy other legal requirements.

An appeal bond is money you may have to pay into court to cover back rent and other costs.

Failure to make the ordered payments on time will end your appeal rights.

Eviction: After the Court Hearing

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If the tenant does not appeal, and the appeal period has passed, the Sheriff will post the "Writ of Possession“.

The writ will state the date and time the Sheriff will supervise the actual removal of the tenant's possessions.

The Sheriff’s office will give the tenant a minimum of 72 hours notice.

The landlord must supply personnel to carry the goods to the curb.

The tenant is responsible for protecting their possession or moving them to another location.

Eviction: After the Court Hearing

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Can you afford to replace all of your personal belongings if they are destroyed in a fire or items are stolen?

A landlord’s insurance protects the property from loss, not a tenant’s personal property.

Renter’s insurance will cost you less than it would to replace everything you own.

To find out what kind of insurance coverage you need, contact the State Corporation Commission Bureau of Insurance at 877-310-6560 www.scc.virginia.gov

Renter’s Insurance

Contact the Fairfax County Consumer Affairs Branch for more information:

12000 Government Center Parkway, Suite 433

Fairfax, Virginia 22035703-222-8435 TTY 711

www.fairfaxcounty.gov/consumerconsumer@fairfaxcounty.gov

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Contact Consumer Affairs