Legal Question in Landlord & Tenant Law in Virginia

Re: Safety issue

Send the tenant a certified letter(return receipt requested) putting her on notice that under no circumstances is she to use the deck until it has been repaired and that you cannot assume liability for any injuries which she may sustain if she ignores your warning.

In this letter you should also include a date certain when the work is to be done with notice that if the furniture is not cleared from the deck

by that date so that the work can be performed, you will arrange to have it done either by others(or yourself).

Then proceed to have the contractor undertake the necessary repairs on the specified date.

Re: Safety issue

Yes, I agree. You can't really force the tenant to do this. However, the repairs are being done at the tenant's request, Right? You can put the tenant on notice that they must not go out on the deck, except to clear it for the repairs. So, while you can't force them to not do something, you can hold them accountable if they do it. If there is any further damage, for example, tell the tenant they will be billed if they go out on the deck while it is in a weakened state and (say) it further collapses, increasing the cost of repairs from what it would have been before the additional damage. I would also tell them that since THEY are requesting the repairs, if your workmen have to move the furniture and stuff, you will bill them for the labor of moving things.