How to Take Your Landlord to Court to Fix Problems (Tenant's Assertion)

How to file a Tenant's Assertion: step by step

1. Give your landlord a written request and wait

   You must give your landlord a written request for repairs before you can file. An email or letter to the landlord or property manager works. You can download and fill out a printable PDF to send to your landlord, or you can write your own. Read more about asking your landlord for repairs. 

   Even if your landlord asks you to just call them, you still need to give them something in writing. Without this, you cannot file a Tenant's Assertion.

   Once you notify them, you have to wait. How long depends on how serious the problem is. A sewage backup needs to be fixed right away. Most other problems allow up to 30 days. If you are not sure how long to wait, contact legal aid.

2. Get the right form and information together

   The court form you need is called the Tenant's Assertion and Complaint. The form number is DC-429.

   You can pick it up from the clerk's office at your local General District Court, or download it at vacourts.gov/forms/district/dc429.pdf.

   To fill out this form, have your lease handy. You will need:

   • The date the lease was signed.
   • The date the lease began.
   • The date the lease is scheduled to end.
   • The date rent is due each month.

   Find the right name to put on the form

   You need the legal name of the person or company that actually owns your property. Many landlords (the property’s owner) are companies, even if you only ever talk to a property manager. Using the wrong name could hurt your case.

   To find the legal owner, search online for "real property search" plus your city or county name.

   If the owner is a company, you also need the name and address of their “Registered Agent.” This is the person or company that receives legal documents on their behalf. Search at cis.scc.virginia.gov or call the Virginia State Corporation Commission at 804-371-9733 or 866-722-2551.

   Now check your lease. Find where it lists the landlord's name. If it names a different company or person than the property owner you just found, you need to file against both. Look up that second party's Registered Agent the same way. This will mean paying a $12 service fee twice, but it protects your case.

   Decide what you are asking for

   You can ask the judge to:

   • Order your landlord to fix specific conditions.
   • Order they fix conditions and return some or all of your rent money because you had to live with bad conditions.
   • Cancel your lease so you can move out without paying more rent.

3. Fill out the form

   Work through the form section by section:

   1. Write the name of your city or county and the court's address at the top.
   2. Enter the lease dates: when it was signed, when it started, and when it ends.
   3. Write how much rent you pay and how often.
   4. Describe in writing what conditions need to be fixed.
   5. Check the box for what your landlord is doing wrong: violating the lease, violating the law, or allowing a fire hazard or serious health threat.
   6. Write the specific lease section, law, or type of hazard. For example: "Section 21" of the lease, or "55.1-1220" of the law, or "electrical outlets spark."
   7. Write today's date and sign your name on the Plaintiff – Tenant line.
   8. Write your full name and address in the Plaintiff section.
   9. Write your landlord's legal name and address in the Defendant – Landlord section. If they are a company, put the name of the company and then the Registered Agent's name and address.

4. File the form and pay rent to the court

   Take your completed form to the civil clerk's office at the General District Court in the city or county where your rental is located.

   The filing fee

   The filing fee is about $60. The exact amount varies by court. You can ask the court clerk’s office for the exact amount and what kind of payment they require.

   If you cannot afford the fee, ask the court clerk for a fee waiver form. It is called a Petition for Proceeding in Civil Case without Payment of Fees or Costs. The form number is CC-1414. Note that using a fee waiver may delay your case slightly, especially if the judge is not at the courthouse the day you file.

   Paying rent to the court

   When you file, bring your next rent payment with you. You will pay it to the court instead of your landlord. This is called paying rent into escrow. Call the clerk's office before you go to ask what forms of payment they accept, such as cash or money order.

   Tell your landlord you filed

   Your landlord will receive a court summons, but you should also send them a letter letting them know you filed. Include a copy of the form you filed with the clerk.

5. Get ready for your hearing

   Before your hearing date, gather paper copies of everything you might need to show the judge. Do not rely on showing pictures on your phone. Most courts do not allow phones.

   Here are things you should bring:

   • A list of all the problems that need to be fixed, with photos.
   • A copy of the written repair request you gave your landlord.
   • Your rent payment receipts.
   • A copy of your tenant ledger, showing charges and payments. You can ask your landlord for this.
   • A copy of your lease.
   • A copy of the court form you filed, so you remember what you asked the judge to do.

6. Go to the hearing

   Arrive early on your hearing date and let the court clerk know you are there. Then wait in the courtroom for your name to be called.

   When your case is heard, you will speak first and present your evidence. The landlord or judge may ask you questions. Then the landlord gets to present their side. You can ask the landlord questions about what they say, but stay calm and do not argue.

   The judge will then decide the outcome.

   If you do not come to court, your case will be dismissed. If you come and your landlord does not, you should automatically win.

   Make sure to listen carefully to what the judge says. If you don’t understand anything, politely ask the judge to explain what they are deciding.