No hot water - tenant's rights question (Fairfax, Vienna: apartment, renters)

[dreamthink3]

Hello! I have a tenant's rights question that I hope someone can help me answer.

I am a tenant in an apartment building in Vienna, VA (Fairfax County) and I rent from the owner. I was without hot water starting in early March and there was also black soot in the water on a daily basis rendering it unsafe to drink and pretty much unusable. The hot water heater also provides heating for the entire rental unit. The owner came to physically inspect the problem on March 15 but the problem was not resolved until April 3 after going through a couple different plumbing companies.

I had paid rent for March in full on March 1. I believe that I should be able to pay a reduced rental amount for the month of April to recover damages for the days that I did not have hot water in March. My monthly rent is $1515, so pro-rated over 30 days, it would be a reduction of $1,010 (20 days x $50.50/day). The owner is only willing to accept a rental reduction of $170 (17 days x $10/day), since he said that he did not realize it was a bigger problem until March 18. I informed the owner on March 23 that I would be making the deduction according to this daily rate and he did not disagree then - now he says he has changed his mind. He says he will only allow a $170 deduction.

He said:

"The hot water failure was unfortunate, and unpredictable.
The hot water fix was easily repairable, but the black water was not.
The black water fix required a replacement with a new unit.
Any major appliances (AC, heater, refrigerator, etc ) takes a few week to get replaced.
They requires a licensed professional to arrange the schedule and come out.
Every step takes time.
I understand you were not able to use the water properly as daily use. However, all others (room space, room heater, AC, gas, electric, cold water) in the room were functional."

What legal rights do I have as a tenant to hot and clean water? I looked up the Virginia Residential Landlord and Tenant Act and hot water seems to be under this law as part of the tenant's rights:

LIS > Code of Virginia > 55-248.23

Thank you for any input.

[HokieFan]

Did you stay in a hotel for the duration? Have to purchase bottled/jug water for the duration?

What was the actual amount of monetary damages you sustained?

According to http://www.dhcd.virginia.gov/Homeles...t_Handbook.pdf

§ 55-248.13. Landlord to maintain fit premises.
A. The landlord shall:
1. Comply with the requirements of applicable building and housing codes materially
affecting health and safety;
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and
habitable condition;
3. Keep all common areas shared by two or more dwelling units of the premises in a
clean and structurally safe condition;
4. Maintain in good and safe working order and condition all electrical, plumbing,
sanitary, heating, ventilating, air-conditioning and other facilities and appliances,
including elevators, supplied or required to be supplied by him;
5. Maintain the premises in such a condition as to prevent the accumulation of moisture
and the growth of mold, and to promptly respond to any notices from a tenant as provided
in subdivision A 10 of § 55-248.16;
6. Provide and maintain appropriate receptacles and conveniences, in common areas, for
the collection, storage, and removal of ashes, garbage, rubbish and other waste incidental
to the occupancy of two or more dwelling units and arrange for the removal of same; and
7. Supply running water and reasonable amounts of hot water at all times and reasonable
air conditioning if provided and heat in season except where the dwelling unit is so
constructed that heat, air conditioning or hot water is generated by an installation within
the exclusive control of the tenant or supplied by a direct public utility connection.
B. The landlord shall perform the duties imposed by subsection A in accordance with
law; however, the landlord shall only be liable for the tenant's actual damages
aproximately caused by the landlord's failure to exercise ordinary care.
C. If the duty imposed by subdivision 1 of subsection A is greater than any duty imposed
by any other subdivision of that subsection, the landlord's duty shall be determined by
reference to subdivision 1.
D. The landlord and tenant may agree in writing that the tenant perform the landlord's
duties specified in subdivisions 3, 6 and 7 of subsection A and also specified repairs,
maintenance tasks, alterations and remodeling, but only if the transaction is entered into
in good faith and not for the purpose of evading the obligations of the landlord, and if the
agreement does not diminish or affect the obligation of the landlord to other tenants in the
premises.

[fcyolo]

If you have renters insurance it May cover damages to clothes or having to stay in a hotel. Other than that it doesn't make sense to be credited the entire rent for that period because the unit was habitable and you didn't stay in a hotel. Next time call your rental insurance to get covered by a hotel and maybe your landlord would cover the deductible.