Legal Question in Real Estate Law in Virginia

Constructively Evicted
Upon cleaning my apartment, I noticed that mold has begun to grow around certain windows/doors which I believe is due to condensation issues (faulty construction?). Due to the health issues attributed to mold growth within dwellings, what action(s) must I take to terminate my lease and move? Can this be viewed as myself being ''constructively evicted''?

Asked on 1/13/03, 1:25 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Constructively Evicted

Before getting to constructive eviction, you need to first bring the mold problem to the attention

of your landlord and give him or her the opportunity "to cure" the problem.

If you have to proceed with early termination of

the lease on your part(without the landlord's consent), you should have a letter

from a doctor stating that in her or his

opinion to a reasonable degree of medical certainty, this particular mold infestation represents an unacceptable risk to your health.

Answered on 1/21/03, 12:13 pm

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