Legal Question in Landlord & Tenant Law in Virginia
Recently signed a lease for an apartment in VA. Wife is not on the lease currently. Wife is in NC while our house is on the market. I visited the management office two days prior to moving in to get paperwork squared away. Previously we gave $250 as a deposit to reserve the apartment. No security deposit was needed. It was waived due to being military. The reservation fee goes to cleaning the apartment for our move-out at the end of the lease term.
Two days before move in, the management office wouldn't let me see apartment because it wasn't ready to been seen, still. Needless to say on the 1st July I signed a lease without seeing the apartment. I didn't have access to the apartment until the lease was signed. I notated EVERYTHING on the move in inspection form and turned it in the day I moved in. We kept a copy for ourselves. During the inspection I noted spongy drywall and water damage around several windows and a patio door. Active mold growing around patio door frame and water damage on carpet. The carpets had not been cleaned. They were installing new vinyl in kitchen and bathroom for 2 days after move in date. The stove had not been put back from the installation of vinyl, nor the washer/dryer were not hooked up, finger prints on the walls, and the previous tenants personal belongings were left in the small yard area. This apartment was nothing like the apartment the manager showed us as far as cleanliness and maintenance. No care was taken before move in. My biggest concern is the mold. If I can visually see water damage and mold on drywall and framing at move in, then what's really behind the walls? Wife has asthma and began wheezing upon visiting. My wife is moving down next month with our kids. Do we have recourse to get out of the lease? It's been 3 days since signing and move in. Thanks in advance.
1 Answer from Attorneys
No, I don't think so based upon the facts described which in
my opinion would not amount to what Virginia law would
consider what's called a constructive eviction that would allow you
to prematurely terminate your lease and move without penalty and
without the landlord's concurrence.
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