Legal Question in Landlord & Tenant Law in Virginia

There is much more to this case, but my immediate question is: We signed a lease in Prince William County, VA and the lanlord was running a business out of the finnished basement. We new this going in, but didn't know it violated State and local codes. We are now in the midst of serious litigation, and waived our right to a Jury Trial in the lease. However, since running a business from a house you are renting out violated code/law, would this nullify the lease and can we request trial by Jury? As a retired Marine, I have never be treated so disrespecfully than with this landlord, and unfortunately, I cannot aford the normal retainers and fees for an attorney since we had to move twice in less than six months. HELP!


Asked on 12/04/09, 7:23 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, you cannot request trial by jury at this stage of the case, as all landlord-tenant matters are normally tried before a judge of the general district court. Howver, if you happento lose at this GDC leval, you can appeal the lower court decision by requesting what's callded a trial de novo before a jury in the circuit court.

In order to prevail in your case, I believe that you would have to prove by a preponderance of the evidence that you incurred measurable damages from the landlord running a business out of this home in alleged violation of state and local codes/ordinances and not merely the fact that he was runniig it in violation of state and/or local laws.

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Answered on 12/09/09, 9:26 am


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