Legal Question in Landlord & Tenant Law in Virginia

For two years now, my Virginia apartment's living room ceiling and wall leak when we have a bad rain or snow storm. Part of the ceiling becomes soft/saturated and water runs beneath the paint in the wall. If you poke a hole in the paint bubble, water spurts out. During one storm, the maintenance guy (who told me he wasn't supposed to be saying this) said to poke pencil holes in my ceiling to stop the advance of the water. I did so, and got a face full of draining water. Repeated this over several days to stop my ceiling from falling in. Each time it leaks, the landlord brings tarps and sends maintenance to replace parts of the ceiling drywall and repaint a patch on the wall. Each maintenance person has a different explanation for why the leaks happen. The landlord said that they've tried to fix the roof twice but haven't figured out where the leak is coming from. He eventually said that they will probably never find the leak (unless they take off the whole side of the building, which corporate won't allow), so I'll have to deal. Landlord says my rental insurance will cover any damage that may occur, and that they aren't responsible for damage to personal property for any reason. I called my insurance, who say that they don't cover water damage of any kind (unless a tree falls into my apt first), but for this particular problem, there is no insurance you can buy that will cover personal propertly damage from a pre-existing leak that should have been fixed.

I've been lucky so far and have always caught the leaks and moved my property out of the way in time. Also, the leak that runs down the wall is in the area of 1) a power outlet, and 2) a light switch.

What legal options do I have? I still have a significant period of time on my lease, and the landlord is known for being extremely difficult when tenants try to break their leases.


Asked on 11/30/10, 9:11 am

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

Before attempting anything else, tell this landlord that you want to be moved to another unit of similar size and price and without, of course, the leaks.

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Answered on 12/05/10, 12:47 pm


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