Tenant’s Assertion and Complaint (Form # DC-429) – Virginia Court
The Tenant’s Assertion and Complaint (Form DC-429) is a legal document used in the Commonwealth of Virginia for tenants to file a complaint against their landlord. This form allows tenants to assert that their landlord has failed to comply with the rental agreement or applicable laws, creating conditions that may pose a serious threat to the life, health, or safety of the occupants. This form ensures tenants have a structured and legal avenue to seek remedies for non-compliance or hazardous conditions in their rented premises, fostering a fair resolution process within the judicial system.
Filling out the form DC-429 correctly is crucial to ensure your complaint is properly addressed by the court. Here’s a step-by-step guide to help you complete the form:
Step 1: Court Information
General District Court
-
- Fill in the name of the court where you are filing the complaint.
- Enter the street address of the court.
Step 2: Tenant and Landlord Information
Tenant (Plaintiff) Details
-
- Enter your name(s) as the tenant(s).
- Provide your address and contact information.
Landlord (Defendant) Details
-
- Enter the name(s) of your landlord(s).
- Provide the landlord’s address.
Address of the Dwelling Unit
-
- Fill in the address of the rental property that is the subject of the complaint.
Step 3: Lease Information
Lease Details
-
- Enter the date the lease was executed.
- Specify the date the rental period commenced and the date it ends.
- Indicate the amount of rent and the payment period (e.g., monthly) along with the conditions of payment.
Step 4: Complaint Details
Conditions and Violations
-
- Describe the specific conditions in the dwelling unit or premises that are problematic.
- Check the appropriate box to indicate if these conditions:
- Constitute material non-compliance with the rental agreement.
- Constitute material non-compliance with the provisions of law.
- Will constitute a fire hazard or serious threat to life, health, or safety if not corrected.
List of Violations
-
- List the pertinent section of the rental agreement, section of the Code of Virginia, or type of hazard and explain the violation in detail.
Step 5: Relief Requested
Relief Sought
-
- Specify the relief you are requesting from the court (e.g., order for repairs, rent reduction, etc.).
- You can request any other appropriate relief as well.
Step 6: Certification
Certification by Tenant
-
- Certify that all prerequisite conditions for relief, as shown on the reverse of the form, have been met.
- Sign and date the form.
Step 7: Case Disposition (To Be Filled Out by Court)
Court Use Only
-
- The court will fill in the judgment details, including any awarded costs or attorney fees and the distribution of any funds held in escrow.
- The court will also fill in the case disposition and enter the judge’s signature and date.
Step 8: Service Details (To Be Filled Out by Serving Officer)
Service of Process
-
- The serving officer will complete the section indicating how the defendants were served (e.g., personal service, posted on the door, etc.).
Prerequisite Conditions for Relief (Page Two)
- Make sure you meet all the conditions listed on the second page of the form before filing your complaint.
Additional Notices
- Read the additional notices about requesting a change of trial location and other important information.
Tips
- Make sure all information is accurate and complete.
- Keep a copy of the filled-out form for your records.
- If you need assistance, consider seeking help from a legal aid organization or attorney.
This guide should help you navigate the process of filling out the Tenant’s Assertion and Complaint form (DC-429) efficiently.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.