Legal Question in Landlord & Tenant Law in Virginia

There was recently a fire in the apartment directly below mine set by an arsonist, I am no longer living there because of the smoke smell and possible toxins in the soot (it is a very old building, with not the best maintenance/up keep).

There was no physical damage to my apartment or belongings, only smoke damage that I am taking care of by washing everything myself in vinegar.

I decided not to go through my renter's insurance because my parent's decided just to pay everything out of pocket since it wouldn't be that much, I did not need a hotel to stay at because I have relatives close by and it is cheaper for me to clean everything myself.

I have one month left on my lease and am trying to terminate it early while also getting my security deposit back. I have contacted the property owner multiple times trying to work something out and he has been avoiding me/doesn't have an answer and is telling me right now I can't get out because he is going to loose precious insurance money and I should have taken care of everything with renter's insurance, and since I didn't I am out of luck of getting out of my lease.

To me this is just ridiculous, I am a student and have lived in this building for two years under the rules of my lease, have had to call 911 three times while here, and have had my life threatened twice now. I am at my wit's end.

I would like to know if what I am claiming is enough to take legal action against this property owner or if I am just out of luck and going to loose my large security deposit. My property owner doesn't see my reasons for wanting to leave to be sufficient, my reasons are 1. I cannot live in the apartment because I was coughing and had constant headaches while there, 2. I do not feel safe because of the 911 calls, etc, 3. possible toxins in the soot/air.

So far I have delivered a letter to the property owner stating why I am leaving and when my belongings will be removed, attached was documentation of the multiple attempts I have made to get an answer from them and been ignored. Where I am is pretty much entirely college students and these property owners are called "slumlords" because they do not care, do the minimum amount of work because there is a high demand for apartment rentals around here and they can charge high rent for low quality apartments. I am one of the few that stands up to this company and I do not think us students should be stomped all over like this.

Do I have legal reason enough to get out of my lease a month early with security deposit? Also, is there any further action I can take?

Thanks.


Asked on 6/16/10, 7:21 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I suggest the following:

First concentrate on recovering your security deposit which necessarily means that you'll have to pay the rent for the last month due under the lease.

Then, after you've recovered your deposit, you could sue the landlord in small

claims court to recover your last month of rent (if you were unable to live there

for the reasons described).

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Answered on 6/17/10, 7:57 am


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