Legal Question in Landlord & Tenant Law in Virginia
Hello,
Few month ago I have had fire coming out of electrical outlet...No major inspection was performed and since then I live in fear of fire happening again. I would like to terminate the lease since I cannot live day to day worrying about the hazard and turning of electricity via el.fuses every time I leave. Do you I have grounds for early lease termination due to uninhabitable conditions in my apartment?
In addition, the roof seems to be leaking and the ceiling had patched of watermark. Washer is leaking and landlord states it won't be replaced as long as it works. Please advise. Also, my lease states that I need to provide 60 days notice and pay 2 rents in the case of early termination; however, due to all the reasons and more that I might discuss later do you think I can terminate the lease as a result of hazardous conditions I live in?
1 Answer from Attorneys
No, unfortunately, I would doubt it. (The bar is set very high in the Commonwealth in favor of the landlord for the tenant to make out a case for what the law terms a "constructive eviction".)