What Are Tenants Required To Do? What Rights Do Tenants Have?
The short answer is: A lot. Rights and responsibilities of both tenants and landlords are set forth in many statutes, regulations, and other governances. Many tenant and landlord rights and responsibilities are also set forth in the lease ratified by tenants and landlords. While there are many tenant and landlord rights and responsibilities that apply in all situations per the law, there may be some that vary case by case depending on the lease. IMPORTANT: Regardless of how a residential lease may be crafted, a tenant’s rights under Virginia law cannot be given up.
The Virginia Residential Landlord Tenant Act is the primary source of law. The VRLTA is extensive and it is frequently updated. More information about the VRLTA is provided in a separate post at Knowing Rights and Responsibilities of Tenants and Landlords. For this post, we’re introducing the Virginia Statement of Tenant Rights and Responsibilities to you.
Virginia’s Statement of Tenant Rights and Responsibilities is a document that must be provided by landlords to tenants, and it is signed by landlords and signed by tenants to acknowledge receipt. This all occurs prior to tenant occupancy. If you’re working with a real estate agent, ask him/her to thoroughly educate on your rights and responsibilities, and the renting process. The key word is “agent” – one who represents your interests and you should be comfortable asking for this assistance. This Statement of Tenant Rights and Responsibilities document provides a high-level introduction of many important rights and responsibilities. These include some rights pertaining to applications, a written lease, disclosures, security deposit, receipts, privacy, fit and habitable premises, repair and deductions, evictions, and more. Some tenant responsibilities described include payment of rent, late fees, insurance, access, maintaining fit and habitable premises, and fair housing protection. While this document refers to “tenant”, it is also a summary guide for landlords. For example, language in this document refers to tenants having the right to a move-in inspection report and that means a landlord has the responsibility to provide a move-in inspection report.
The Virginia Statement of Tenant Rights and Responsibilities is signed by the landlord and all tenants. Here’s something else very important: Per Virginia law, landlords shall not file or maintain actions in court against tenants for alleged lease violations until they provide this document to the tenants. This doesn’t mean tenants are not bound by the lease in the absence of this form. The ratified lease (i.e., the lease is signed by all parties) is a legally binding contract between tenants and landlords. So, a landlord can pursue legal action for violations of the lease, but just not until after the Statement of Tenant Rights and Responsibilities is provided to the tenant.
Tenants, when preparing to sign a lease ensure you receive the Virginia Statement of Tenant Rights and Responsibilities so you can review it before signing the lease. It provides valuable information. Also, review the Virginia Residential Landlord Tenant Act and the VRLTA Handbook that can be found at Knowing Rights and Responsibilities of Tenants and Landlords, and seek help from your real estate agent.
