Renter Beware!
A Guide to Rental Housing for the U.Va. Student
More than half of the students at the University of Virginia obtain housing
Off-Grounds each year, in Charlottesville, Albemarle and surrounding
counties.
Many of these students are unaware of their legal rights. This pamphlet has
been designed by the Student Council Housing Committee and Student Legal
Services (SLS) to inform students of their rights and obligations as tenants.
Much of the information in this pamphlet is based upon the Virginia
Residential Landlord/Tenant Act (VRL/TA), which may not apply in all cases.
Be sure to check whether or not it applies to your landlord.
Student Council Housing Committee and Student Legal Services all stand ready
to help students obtain the best possible rental housing. Please do not
hesitate to contact them for assistance.
LOOKING FOR HOUSING
- Make decisions as to cost, locations, size and quality of housing that
you desire before you start looking. These decisions should reflect your
lifestyle and needs.
- if you plan to have roommates, make sure everyone agrees on living
arrangements; you should also make a written contract among yourselves as to
how household expenses will be handled. Model roommate agreement is available
at SLS.
- Don't take the first place you investigate. Check with
university and city newspapers; talk to friends. Always see the landlord and
anyone else who may give you information about the place (current tenants, for
instance). Don't rent premises you have not seen.
- Find out what utilities the property uses, and approximate costs.
- Check out the neighborhood for safety and convenience. Remember, the
landlord does not guarantee you a crime free location.
- If you are renting with a group of more than four people, be sure you are
not in violation of local laws. Check with the zoning officials for your
jurisdiction (Charlottesville: 970-3182, Albemarle County: 296-5875).
- If you find a place you like, have Student Legal Services review your
lease before you sign it. Determine if the landlord is under the VRL/TA. Even
if he is not bound to this act, other state and local laws may be available to
aid tenants. You should determine this status before you sign the lease.
- Have your landlord include in writing on the lease any promises he may
have made orally upon which you are relying.
- Have all tenants sign the lease and keep your copy in a safe place.
DISCRIMINATION
Under both state and federal law, landlords renting more than four units are
prohibited from discriminating on the basis of race, religion, color, sex,
elderliness or national origin. They cannot refuse to rent to you because you
have children or if you are handicapped.
DEPOSITS
There are several types of deposits related to the rental of property
which you may be required to pay to the landlord:
- Application fee: The law says that $10 is a reasonable amount. If you
are charged more and do not rent from the landlord (by his choice or yours)
you are entitled to receive back any fee in excess of $10. If you do rent
from him, your application fee may be credited toward your security deposit.
- Security deposit: It should not exceed two months' rent. The standard
amount in Charlottesville is one month's rent. Remember, the security deposit
is the tenant's money, not the landlord's. The landlord only holds the
deposit as insurance against loss or damages caused by the tenant.
- Only the cost of damage beyond ordinary wear and tear can be deducted
from the deposit.
- Under the VRL/TA the landlord must return the deposit within 45 days of
the end of the lease and must pay interest if the deposit is held for at least
13 months. It is wise to obtain a signed receipt for your deposit, or keep
your cancelled check.
- Obtaining the return of your deposit is made simpler if you have made a
damage list (preferably signed by the landlord) at the beginning of the lease.
Under the VRL/TA the landlord should provide you with this, but many do not.
- The security deposit is not rent. It can be used as rent only if the
landlord and tenant agree to do so.
- Pet Deposit: You may be charged an extra deposit if you want to keep a
pet on the premises.
INSURANCE
Theft, fire, or flooding can happen to anyone.
- Many Students are covered under parents' homeowner's policies. Look into
this.
- If you aren't covered, you should obtain renter's insurance. it is
relatively inexpensive and can make an enormous difference should you suffer a
loss. List of insurers is available at SLS.
- Remember, your landlord is also insured, and if the loss you suffer is
due to the landlord's error or neglect, his carrier may cover a claim. You
should not rely on this and fail to obtain your own coverage, however.
SUBLEASING
Virtually all leases which a student in Charlottesville encounters are for 12
months. Since most students are here for only nine months. they often
consider the option of subletting.
- Tenants have no absolute right to sublet. Most leases contain a clause
spelling out the conditions under which you may. If you violate these
conditions, you are in breach of your lease and can be evicted.
- A written sublease agreement will avoid problems later. Copies of
sublet agreements are available at SLS. Also, collecting a
security deposit from the subtenant helps protect you if the subtenant reneges
or damages the premises.
- The tenant always remains directly responsible to the landlord for the
subtenants' unpaid rent or damage.
RIGHTS & RECOMMENDATIONS
Note that many leases require the tenant to make repairs. Tenants should
check the applicable law to determine exactly what their rights and
responsibilities are.
- If the premises are in poor condition, a state or local health or housing
code may apply. In Charlottesville, the housing code covers a number of common
tenant complaints including flooding, insect infestation and defects or
deterioration in the structure (City Housing Inspector,970-3310). Albemarle
County now inspects rental property for code violations call 296-5832.
- Written notice should be given to the landlord of problems with the
premises. The tenant should keep a copy of the notice.
LANDLORD AND TENANT
RESPONSIBILITIES
Landlord duties vary according to jurisdiction and whether or not the VRL/TA
applies.
Generally, a landlord is required to:
- provide habitable premises.
- repair defects in the premises at the commencement of the lease.
- give notice to the tenant before entering premises, except in an
emergency.
Tenant responsibilities will also vary dependent on lease requirements.
Generally, a tenant is required to:
- Pay rent in a timely manner. Do not withhold rent in protest against a
landlord's failure to repair without speaking to a lawyer first.
- Maintain the premises in good condition and abide by all city, county,
and state code requirements.
EVICTION
If you are behind in your rent or have otherwise broken your lease in some
important way, the landlord may start eviction proceedings against you.
- The landlord must give you written notice that you are to move out
stating why and how long you have to move.
- You can move out if you like, but if you move out and the landlord's
complaint against you is valid, you will be held responsible for all rent due
under the lease unless the landlord re-lets the premises.
- The landlord cannot put you out on the street, or otherwise deprive you
of living in the premises comfortably, unless he has brought an unlawful
detainer action and a court has ruled in his favor.
- It is the tenants' choice whether or not to defend against an unlawful
detainer.
- If you choose to defend and win, you are entitled to continue the lease
agreement. The landlord may not take any retaliatory action
against you.
- If you defend and lose, you will be given a specific amount of time (5 to 10 days-s) to move. If you do not, the landlord can have the sheriff come in to actually, evict you.
- Remember, if you receive any notice which may result in eviction, you should contact a lawyer.
In general, tenants should remember the following to avoid problems during
their tenancy:
- The landlord-tenant relationship is a business one. All communications
and agreements between the parties should be in writing to avoid
misunderstandings.
- If a problem arises, don't rely on the lease or the landlord's
statements alone; you may have other legal rights, so talk to an attorney
before you take any action.
For clarification of any issues, or for further information, contact:
STUDENT LEGAL SERVICES
434.924.7524
Student legal services will inspect a lease for you free of charge so that you can understand it before signing. They are also available for other legal advice and representation.
Location Summer 2004
Rugby Faculty Apartment Building
204 University Way
This is the first building on left after Beta Bridge on Rugby Road.
The entrance is in the rear of the building;
the office is located in the basement.
Location Starting in Fall 2004
Newcomb Hall
4th floor
Another helpful contact is:
STUDENT COUNCIL HOUSING COMMITTEE
(434) 924-8875
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