Q: Can you rent a home and charge NO rent in lieu of repairs?
I have a second home that a person wants to rent. It is not up to code and would not pass the laws under the Virginia Residential Landlord and Tenant Act. The person wanting to rent is a contractor and wants to make the repairs himself in lieu of rent. We would not charge any rent for an agreed upon amount of time and the home is brought up to code. Is this legal? And what would be the correct type of agreement to use?
A: It can be done under the limited facts you provided. BUT IT IS DANGEROUS to both you and the tenant. There is no 'form' agreement and you'll need a customized contract regarding the quality of repairs ('to code' is a MINIMUM standard; 'workmanlike manner' is better) the scope of repairs, how they will be inspected, who is responsible for building permits (yes, they'll be needed) and a whole lot of other issues. Failure to anticipate and agree on issues in advance is a recipe for disaster and the only ones making money will be the lawyers trying to clean up the mess.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.