Legal Question in Real Estate Law in Virginia

I have signed a 1 year lease for an apartment and I am one month into the previously mentioned lease. However, after moving in, I have discovered a major bug problem that I was unaware of. I am finding bugs in all areas of the apartment, including my clothes and kitchen. I have contacted the landlord and they have stated that they will let me out of the lease only if someone else is willing to rent the apartment. However, since I don't know how long it might take to find another tenant, it is affecting my quality of life to the point where I am unable to get a good night's rest and subsequently is affecting my ability to be sharp and focused at work. Thus, my ability to keep my job is being jeopardized. Do I have any law or tenant rights I can reference in order to get out of my lease without another tenant being found? Does the "Implied Warranty of Habitability" apply in the state of Virginia? Any assistance would be GREATLY appreciated.

Thanks.


Asked on 10/14/10, 7:59 pm

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

Yes, the implied warranty you've referenced normally applies to all

leases in the Commonwealth, but the unfortunate reality is that

a bug infestation of a rental unit is also usually not considered a sufficient basis for what the law terms a constructive eviction which would allow a tenant

to terminate his or her lease prematurely without penalty.

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Answered on 10/20/10, 5:20 am


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