Legal Question in Landlord & Tenant Law in Virginia
Breaking a Lease
Short story. My landlord owns this property that is literally falling apart. None of the apartments floors are level. The stairs are literally falling apart. Bugs have infested the grounds, and roaches inside. The complex sways when there is any kind of wind.
That is just a few small things. Now, I have sent via certified mail a 21 day notice to fix all thoes things, plus a few more. If they do not fix thoes problems, my 30 day vacate notice was attached.
My Landlord now wants to take me to court for 'Breaking Lease'' and for me to pay all rents that will be due according to my lease. I have about 8 months left on the lease. Can my Landlord legally sue me for the amount that would have been paid? Or am I entitled to a 'Safe and Habitial' enviroment for my family?
Any advice would be appericated.
2 Answers from Attorneys
Re: Breaking a Lease
I am sorry I did not see this question much earlier. By now you may be coming up on a court date. However, your situation raises a great many questiosn and I might suggest that this really does call for a lawyer. For example, I don't understand why the landlord said you broke the lease. All that you said was that you sent a notice asking for the problems to be fixed. You did not say that you are behind in the rent. So unless there is unpaid rent, I cannot understand how the landlord could sue you for breaking the lease. Maybe we need more information about your situation. It sounds as if this is a retaliatory eviction for your complaining.
In any event, there are legal theories of (a) constructive eviction (circumstances make the place unlivable) or (b) a breach of the lease by not providing a habitable environment.
The trouble with both of these is that it can be highly subjective and therefore you have to cross a very high threshhold in showing that the place is truly unlivable. It is so easy to describe problems in subjective terms that you must have some very clear and overwhelming evidence.
Of course, you should also check with the city's or county's government. Municipalities often have more stringent regulations of landlord's for residential property than the general law at common law. And a complaint to the regulatory authorities may have some persuasive weight, even beyond the letter of the law. In fact, you may also want to find out when the local Board of Supervisors meets and use the "public comment" section in which members of the public can say anything of governmental concern to ask the County government to do something about the unsanitary conditions at the place.
Re: Breaking a Lease
The conditions described here would not appear to make out a case sufficient for constructive eviction which would provide a legal justification for breaking the lease.
Therefore, if the landlord sues the tenant for the balance owed on the lease, she most likely will prevail.
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