What protections do I have if I face eviction for substantial repairs?

A landlord can evict you if the repairs are such that it would require you to vacate your unit for more than 30 days. However, your landlord must meet certain requirements. The repairs must be necessary to address certain health and safety violations and your landlord must acquire permits before you are served with a notice of eviction.

If you are evicted for substantial repairs, you are entitled to relocation payments in the amount of two months’ rent. If you are—or a member of your household is—a senior (65 years or older), a person with a disability, have a terminal illness, or have minor children in the household, you are entitled to an additional one month’s rent (3 months’ rent total).

Your landlord cannot pursue an eviction for substantial repairs if your landlord owns another vacant unit within the town of Fairfax that you can temporarily reside in until the repairs are complete. Your landlord also cannot pursue an eviction against you if the repairs can be

completed within 60 days and you do not agree in writing to vacate the unit while repairs are being made.

Finally, if you are evicted for substantial repairs, you do have the right to return when the repairs are complete if the unit is returned to the rental market within 3 years. If you choose to return to the unit, your landlord must offer the same terms and rent at the time of your eviction, plus any lawful adjustments under Fairfax’s Rent Stabilization ordinance. It is your responsibility to ensure your landlord has your current contact information.

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