Tenant’s Assertions and Escrow Accounts in Virginia
The tenant may file a Tenant’s Assertion in a general district court where the property is located by a declaration setting forth the assertion and asking for one or more forms of relief. The tenant may assert that there exists upon the leased premises, a condition or conditions which constitute a material noncompliance by the landlord with the rental agreement or with provisions of law, or which if not promptly corrected, will constitute a fire hazard or serious threat to the life, health or safety of occupants .
To prevail, the tenant must be able to show the court that the tenant provided written notice to the landlord, that the tenant paid full rent into an escrow account.
The court has a long list of options after hearing the evidence in the case. The court can refund the money in escrow to the tenant completely, it can grant the money to the landlord, or any combination of the two. The court can leave the escrow account open, or close it depending on whether the landlord has made or is making repairs.
If you have a matter that you believe is a safety or fire hazard, contact a landlord tenant attorney in your local area and discuss the specifics. He or she can advise you on the steps you need to take to protect your interest against those rights possessed by the landlord.