Legal Question in Landlord & Tenant Law in Virginia

Terminating a Lease, Landlord Breach of Contract

I signed lease to begin renting townhome in January. Washer/dryer 'as is' in lease but verbally said both worked. The last tenant was moving out, so I didn't get a good look at the property. I met the landlord for keys two days into the lease. Landlord walked me upstairs & down to show leaks they would fix by next day. Washer/dryer also broke. Next day no fixes and landlord refused to fix when called, then I discovered undisclosed extensive black mold, water/smoke/fire/structure damage. House absolutely disgusting and problems all over on top of this. Landlord knew I had a child in remission with cancer and assured me no mold or leaks/flood damages ever at lease signing. What are the chances of success in court of full refund (sec deposit and rent) and breaking lease? Any advice? Is it nessecary to hire a lawyer for court? I have pictures, sent certified letter to landlord, etc.


Asked on 1/09/09, 12:28 pm

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

Re: Terminating a Lease, Landlord Breach of Contract

Well, see what the landorld's response is to your certified letter, but I would not be overly optimistic (if I were you) regarding the likelihood that a court would find that you've in effect been "constructively evicted" by the adverse developments which you've described, and, therefore, are entitled to disavow this particular lease and have it rescinded in your behalf without penalty.

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Answered on 1/09/09, 2:14 pm


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