Legal Question in Landlord & Tenant Law in Virginia

If the landlord breaks part of the lease...?

If the landlord breaks any part of a lease, do I have to right to move out without any further obligation to the landlord. If so, do I have to give a specific number of days notice. Also, is there a time limit after the landlord breaks a part of the lease that I have to act?

Specifically, the new manager has changed the policy about accepting packages on behalf of residents, even though the lease specifically says that it is there policy to accept packages. There is nothing in the lease that says that they have the right to change to policy.


Asked on 2/02/04, 1:04 pm

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

Re: If the landlord breaks part of the lease...?

In order for you to "move out without any further obligation to the landlord", the landlord's

alleged violation of the lease would have to involve some term of the lease which was so serious that it would be virtually impossibe for you

(or any reasonable person) to continue to reside there under those circumstances, and therefore, you could assert what's known in the law as a claim of constructive eviction.

I'm afraid that the landlord's change in policy of accepting or not accepting packages, whatever it may be, does not qualify as the type of circumstance described above.

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Answered on 2/02/04, 2:36 pm


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