Legal Question in Landlord & Tenant Law in Virginia

Can I sue my Landlord for Breach of Contract
I have a Rent to Own Contract with my Landlord, that is renewable at the end of the first year. At the end of the 2nd year we are to buy the house and our $5000 security deposit is to be applied towards the purchase price.

Our landlords refuse to renew the orginal lease, and want us to sign and new and revised agreement that has new terms, with which we don't agree. We have told them that we will only sign and renew the old contract as it is stated in the original. They refuse and now they are evicting us.

We have been model tenants and even have letters from them stating so. Can we sue them for Breach of Contract, and get our deposit back + damages for having to now go find a new house + have possible eviction charges on our record?

Asked on 9/17/07, 2:56 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Can I sue my Landlord for Breach of Contract

If your original contract has expired, it would be presumably renewable at the option of the parties (you and your landlord). However, if one of the parties opts not to renew, he or she is free to do so and that would not be a basis for the other party to sue for breach of contract.

Your landlord should retain only that part of your security desposit which may be reasonably required to refurbish whatever "wear and tear" can be reasonably tied to your tenancy and return the rest.

As with so many of these so called "contracts for deed" or rent to own" arrangements, the aspiring owner finds to his/her dismay at the end of the term of occupancy that s/he owns nothing, and, to add insult to injury, is now being given the boot as a renter. CAVEAT EMPTOR!

Answered on 9/17/07, 8:10 pm

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