Legal Question in Landlord & Tenant Law in Virginia

I live in a basement apartment with a shared laundry/utility room with my landlord. If my landlord is causing me emotional stress and anxiety so that I feel ill at ease in my own home, am I justified in wanting to sublease or get out of my lease? I have already let him know how I feel and asked if we could discuss finding someone to sublease and he refuses, saying that he does not agree with me and thinks I am just trying to get out of my lease. I am so upset by my interactions with him and his attitude that I hate being at home and am practically in tears at the idea of coming face to face with him. Don't I have the right to feel some sense of peace in a home I am paying for? At this point, even if he continues to leave me alone, I am stressed just knowing he is there. ( I won't get into more detail because it's long and this is public)

Can he take me to court or keep my deposit if I decide to move out because of these reasons? (clearly, I would give him notice and I already offered to help find a subletter, which he declined)


Asked on 8/23/09, 1:47 pm

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

Yes, if you break the lease prematurely without the landlord's consent, not only could he keep your security deposit, but he could sue you in general district court for the entire balance owed under this lease up until the date of its expiration. And, it's doubtful that a court would consider the reason(s) which you've referenced as sufficient legal justification for your breaking the lease without penalty (in my opinion).

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Answered on 8/28/09, 2:33 pm


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