Are tenants legally allowed to withhold rent if the landlord fails to make repairs?

In Virginia, tenants are legally allowed to withhold rent if the landlord fails to make necessary repairs. According to the Virginia Residential Landlord and Tenant Act, tenants may deduct the amount of money they spent to repair the issue from their rent. However, the tenant must first provide the landlord with proper notice of the issue. Furthermore, the tenant must provide written notice to the landlord that they will be withholding rent if the repairs are not made. Additionally, the repair cost cannot exceed one month’s rent. Tenants must keep receipts to prove they have spent money on the repair. In some cases, the tenant may choose to terminate the lease if the landlord is not willing to make the repairs within a reasonable timeframe. This is called “constructive eviction” and is allowed under Virginia law. A tenant must provide the landlord with written notice of the lease termination, and then move out of the residence. The tenant is then entitled to have their security deposit refunded. It is important to note that a tenant is not allowed to withhold rent if the repair is considered “minor” or does not significantly affect the livability of the residence. Furthermore, it is unlawful for tenants to make any repairs and then seek reimbursement from the landlord. In these cases, the landlord is the only one responsible for making the necessary repairs.

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Are tenants legally allowed to withhold rent if the landlord fails to make repairs?

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