Legal Question in Landlord & Tenant Law in Virginia

I was shown a model apartment but wasn't shown the actual unit before I signed the lease. After I signed the lease and entered the apartment, I realized that the former tenant was a smoker and that the carpeting, flooring, and window coverings had not been replaced and the walls and ceiling had not been repainted. I am very allergic to second-hand tobacco smoke.

At my request, the landlord put an ozone cleaner in the apartment. The unit smelled much better afterwards, but the smoke odor returned a few days after I moved into the apartment.

I became very ill (bad cough, which I still have, fever, and had to take several days off from work) I told the landlord I could not live in that apartment. I signed a lease for another apartment in the same complex and moved again (twice in one month).

I asked the landlord if the property manager would reimburse me for the cost of the second move, because the move was necessitated by being rented an apartment that was not in a habitable condition and I hadn't budgeted for two moves in one month. The property manager said she would not reimburse me for the cost of the second move ($195), but offered me a $100 gift card for a nearby grocery store. I would have preferred to have been reimbursed for the total cost of the second move, but I decided not to quibble. I told the landlord I would accept the gift card and was told to drop by the leasing office to pick it up.

Last night, the landlord put a W-9 form in an envelope with a note and attached it to my door. The note said that it was company policy that all tenants who receive concessions fill out a w-9 form and that I would not receive the gift card unless I filled out the form.

I found that extremely offensive, because I consider the gift card a reimbursement (a partial one, at that), not a concession, and I had extra expenses and developed a lung condition from being rented an apartment that literally made me ill. I should not be taxed on the reimbursement. I would like to know what my rights are in this matter. I appreciate any insight you can give me. Thanks so much for your time and expertise


Asked on 4/28/10, 10:20 am

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

Frankly, you are lucky that you got out of the lease. These things are very subjective and uncertain, and proving sufficient grounds to cancel a lease is very difficult, really.

So I think you did very well getting out of the lease without having to continue to pay for the old apartment.

In fact, the only concern I have is that the landlord has truly agreed that you are free of the lease. You should type up an agreement and ask the landlord to sign the agreement that the landlord has cancelled the lease in agreement with you. (Do not say anything extra, because it will be difficult to get agreement. Just say that one sentence.)

I have seen situations where the landlord says nothing as the renter moves out, acts cooperative, but then files a lawsuit for the unpaid balance of the lease months later.

On the one hand, a W-9 form is a form to prove that you are a US citizen or lawful immigrant, so that the landlord will not be breaking the law by paying you money.

I would not be offended by that.

ON THE OTHER HAND, if the landlord is planning to sue you later, then having your social security number, current address, and photocopies of your identification cards would be very helpful in a lawsuit against you.

So the most important thing is to make it clear that the landlord has AGREED to cancel the lease and let you move out.

Under the terms of the lease, this problably MUST BE SIGNED IN WRITING to have any legal effect.

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Answered on 5/03/10, 8:36 pm


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