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A tenant in Virginia discovers a serious mold problem in her rental unit that the landlord refuses to address. After providing proper written notice and allowing a reasonable time for repairs, the tenant wishes to use a remedy available under the Virginia Residential Landlord and Tenant Act. Which of the following remedies is available to the tenant under the VRLTA in this situation?

Correct Answer

B) The tenant may file a rent escrow action with the general district court, depositing rent into escrow until the condition is remedied.

Under Va. Code § 55.1-1234, when a landlord fails to maintain the property in a habitable condition after proper written notice, a tenant may file a rent escrow action with the general district court. The court may order that rent be paid into escrow rather than to the landlord until the condition is remedied. This is a structured, court-supervised remedy that protects both parties.

Answer Options
A
The tenant may immediately withhold all rent without any court involvement until the mold is remediated.
B
The tenant may file a rent escrow action with the general district court, depositing rent into escrow until the condition is remedied.
C
The tenant may contact the Virginia Real Estate Board to order the landlord to make repairs.
D
The tenant may hire contractors and deduct unlimited repair costs from future rent payments without court approval.

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Related Topics & Key Terms

Key Terms:

rent_escrowvrltatenant_remedieshabitabilitymold

Related Concepts

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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