(A) Statement of purpose; scope. It is the purpose of this section to protect and promote the general health, safety and welfare of the citizens of Virginia by providing tenants an effective remedy against loss of heat, water, electricity, gas, security or basic fire and life safety. This section shall apply to all units enumerated in § 10.40(B) which are rented or held out for rent to another.
(B) Emergency conditions, loss of heat, water, electricity, etc.
(1) If, contrary to the rental agreement, the landlord fails to provide heat as required by Virginia Property Maintenance and Preservation Code, adopted by division (A) above, running hot and cold water, electricity, gas or operable toilet or bathing facilities as required by law, the tenant may immediately notify the landlord and the Building Official, either orally or in writing, of the condition. The Building Official shall, as soon as possible thereafter, inspect the premises to ascertain whether such violation exists. If the Building Official finds the violation to exist, the Building Official shall immediately notify the landlord orally of the condition and cause written notice of the violation to be sent. If the landlord has not remedied the situation within 24 hours after receiving notice of the deficiency from the Building Official, the tenant may then correct the deficiency by paying a utility bill or causing the necessary repairs or corrections to be made, and may then deduct the amount of money actually used to correct the deficiency from future rent. All repairs made shall be made in conformance with applicable codes by persons who are licensed and permitted to perform the required work. In cases involving major repair or replacement of a heating plant, electric service, water service or sewer, where the apparent cost of the work exceeds $500, the landlord shall have the right to approve the method of repair and to choose the contractor if, and only if, the landlord supplies temporary heat, water or electricity to the dwelling unit in accordance with this chapter and if a written repair contract is signed within seven days after notice is given by the Building Official;
(2) If the landlord fails to provide deadbolt locks or smoke alarms as required by law, the tenant may notify the landlord and the building official in accordance with division (B)(1) above and the Building Official shall inspect and notify the landlord of violations in accordance with said subsection. If the landlord fails to provide required deadbolt locks or smoke alarms within five days after receiving notice from the Building Official, the tenant may cause the corrections to be made and deduct the cost of such collections from the rent as provided in said division (B)(1) of this section.
(Ord. passed 4-11-2023)