THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, July 29, 1995 TAG: 9507270320
SECTION: REAL ESTATE WEEKLY PAGE: 24 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: BY WILLIAM MAZEL, SPECIAL TO REAL ESTATE WEEKLY
LENGTH: Medium: 58 lines
Q. A couple of years ago I rented an apartment that I really do enjoy. However, this summer I have had a terrible time with my landlord over the air-conditioning.
I have looked at the lease very carefully and it says that the landlord will keep the furnace and air-conditioner in good working order. I am on the third floor and it gets quite hot up here.
A. First of all, the air-conditioning repairman may very well be overworked during this period. I suggest that you first check the intake filter to see if it is clean. If not, clean it if you can.
The landlord does have the duty, according to your lease, to see that the filter is clean, but it is better for your health to take the very simple step of checking it.
If the landlord does not come within a reasonable period of time after you have given him notice that the air-conditioner is now working properly, you have the right to consider yourself to be constructively evicted from the premises and notify the landlord that you are moving immediately.
The failure to provide air-conditioning during this hot weather is the equivalent to not providing adequate heating in the winter. I have a feeling that if you give the landlord a notice that you are moving, he will immediately repair the air-conditioning.
You did not state whether you are living in a rental property controlled by the Virginia Residential Landlord-Tenant Act. If so, then you could actually ask the General District Court, Civil Division, to place your rent in escrow or, in an emergency, put the rent in escrow and give notice that you will have the air-conditioning repaired, deducting the bill from the escrow amount.
Push the landlord hard. He has a duty to take care of you. Delinquent tenant Q. I have a tenant who is habitually late in paying her rent. When she does pay, nine times out of 10 the check bounces and she tells me to re-deposit it. Sometimes, the check is good when I re-deposit it; other times it isn't and I have to badger her to pay me in cash.
She now happens to be two months in arrears in rent. If she does not pay soon, she will be three months in arrears. What should I do?
A. When you have such a tenant, you should never allow the rent to be more than one month delinquent.
I suggest that you immediately give your tenant five days notice in writing to pay the rent or move. There is a very good likelihood that she will not have three months' rent to pay you and you should then immediately move to evict her through the General District Court, Civil Division, of your city. MEMO: William Mazel is a retired lawyer. Send comments and questions to him at
Real Estate Weekly, 150 W. Brambleton Ave., Norfolk, Va. 23510.
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