Can my landlord make me pay a deposit
for repairs and then take forever to make repairs?

Question

I rent a townhouse which our A/C broke. Last year our landlord purchased a home warranty which requires a $100 deposit for each situation something needs to get fixed. They have us pay that deposit, even if it’s not our fault. They’re reasoning is they pay the premium so we pay the deposit. It’s been 5 days now. We have to wait for approvals and appointments in order for the AC to get fixed. It’s the middle of summer. I have kids and pets. What are my options?

F. Paul Maloof · Answer

The answer to your question depends on what is stated in your residential lease with regard to whether the landlord or the tenant is responsible for repairs, such as the AC.  Generally, the landlord has a duty to maintain the appliances, such as the AC unit, unless it is agreed in the lease that the tenant has that duty. If you think the landlord has the duty and that duty is not be complied with, you can call the Office of Housing Code Enforcement for the city/county where the premises is located and make a formal complaint.

Steven Krieger · Answer

Unless your lease requires it, you're not responsible for the $100. Also, if a court would view lack of AC as a threat your health and/or safety, you can give notice to landlord, wait 14 days, and if the repair is not done and less than $1500 you can hire the contractor and deduct the amount from rent pursuant to this statute: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1244.1/

Q: Can my landlord make me pay a deposit for repairs and then take forever to make repairs?