Legal Question in Wills and Trusts in Virginia

I sub-leased an apartment for 3 months (9/1-11/30). We signed a va residential lease agreement. The former tenant now resides in northern va. When I walked in on 9/1, the apartment was full of personal belongings (bed, litter boxes full of feces, tv, couch, etc.) There was animal urine, feces and vomit on the floors. I took pictures of the apartment, but had to begin cleaning it b/c my belongings were in a borrowed car. I (along with 2 others) cleaned the apartment for 9 hours Tuesday and there was still another days worth of cleaning. I notified the former tenant and she said she would knock off $100 on next month's rent.

A section in our contract states: CONDITION OF PREMISES- Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of the Lease in good order, repair, and in a safe, clean and tentantable condition. This clearly was not so. In my opinion the former landlord violated out contract. After she offered the $100 next month's rent, I told her I wanted to void the contract, and i wanted my security deposit and September's rent back and I wouldn't be subleasing. She told me I could either reimburse half of September's rent and she would get a cleaning crew, or she would waive the remainder of the rent (oct. and nov.) if I returned the keys, but I would not be getting my security deposit back.

Do I have any rights or any further actions I can take against her legally since she isn't willing to give me what I asked for? I also wanted to make sure I was reading the contract right and it was violated on her part.

I have eye witnesses, pictures and e-mails exchanged between the 2 of us to prove the things I have stated.


Asked on 9/05/09, 1:02 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Did you comply with the provision of the lease which states: "Tenant(you) stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of the Lease in good order, repair, and in a safe, clean and tenantable condition."?

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Answered on 9/13/09, 10:59 am


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