A Tenant’s Assertion must start with a notice. Under the laws of Virginia, you have to give your landlord 30 days to resolve the issue before you start withholding rent. Send them a letter stating the issue and that you intend on withholding rent if they do not remedy the issue. After 30 days, you can file a Tenant’s assertion. With your tenant’s assertion, be sure to attach your original notice, a copy of the lease, an affidavit from you stating the problems, and any proof you have. What this form does is it allows you to deposit your rent with the court and schedule a hearing. At the hearing, you can ask the judge for damages, your rent back or recession (breaking) of the lease. If your landlord appears and disputes your tenant’s assertion, It will go to trial. If, while you are waiting for your trial, another month of rent becomes due, you are required to pay this month of rent again with the court. You cannot withhold your rent unless a judge orders it so.
At trial the Judge has the power to do a lot of things. If you lose, he can order the rent you paid into the court to be returned to the landlord and order additional damages to the landlord. If you win, you can receive all of your rent back, he could break the lease, he could order your landlord to do what he was supposed to do, etc. The options for the Judge to remedy the situation are vast, do not be afraid to get a little creative with your damages.
