Waiting on heat repairs? What an attorney says you should know

CHESTERFIELD COUNTY, Va. (WRIC) — Cold temperatures have stuck around Central Virginia this winter, and if you are waiting on heating repairs to finish, a legal expert says there are responsibilities both tenants and landlords are required to fulfill.

It's no secret that this winter has been pretty cold across Central Virginia. Earlier this month, 8News spoke with a Chesterfield woman who said she was forced to use her oven and space heaters to keep warm while she waited for her heater to get fixed.

To learn what responsibilities a landlord and a tenant have to live up to, 8News spoke with Olivia Seksinsky, an attorney working with Central Virginia Legal Aid. She said heat is an essential service, one your landlord is required to provide. Before holding a landlord accountable, she said it is important for tenants to make sure they are holding up their end of the agreement and paying their bills on time and keeping up with the property.

If tenants are doing their job, Seksinsky said landlords should be too. When it comes to making repairs, landlords usually fall into one of two categories. Those who are trying to make repairs and those who are ignoring them altogether.

“If a landlord's not really doing anything wrong, they're trying to get it fixed, and then all of a sudden it's been, you know, 30 days, they're acting unreasonably. Tenant can file a tenant's assertion," Seksinsky said.

A tenant's assertion will allow you to pay your rent to the court if your heat has been broken for an unreasonable amount of time.

“What’s going to be reasonable is going to depend on the circumstances," Seksinsky said.

Generally, Seksinsky recommends giving your landlord up to 30 days to make repairs. During this time, she said communication on both sides is crucial. She encourages notifying and following up with property management in writing.

“I like emails because you will always have like the date and the time, like available," Seksinsky said.

If you notify your landlord in writing, keep paying your rent and still can't get through to property management, Seksinsky said civil options are available.

“If you say, hey, my heat's broken and the landlord says, I don't care, I would file for an unlawful exclusion, which carries statutory penalties of $5,000," she said.

While landlords are legally required to provide heat, Seksinsky said they are not legally responsible for accommodations like hotel stays and space heaters. However, a request can still be made.