Legal Advice Or Even Help Please(Lease Violations)

[Commander_N_Chief]

Just a bit of pre-information:

I am currently renting a TH on a 1yr lease, I have paid the lease off in full for the year ahead of schedule(I am currently in the 6th mo).

The problems I'm having:

First off we still have walls that were never finished being repainted since the last tenants took over the place(many holes in the wall which are now patched up, some that are not, plus damage to the paint, which led to the walls needing to be re-done.) Also there is damage such as a back gate door that has never been replaced(we currently have no door on our gate), dry-rot on the front of the house, and one of the toilets in the MB isn't properly sealed on the bottem so it moves. All of the above was supposed to be fixed in the near future(it's been 6 months still nothing has been fixed). We have yet been given a mailbox key, and the lockbox has not been removed from the door(all things the landlord said he'd get me). I've kinda been easy on looking past this a bit, while still letting the landlord know the work has never been completed or even started; even though this work was included in the lease to be done as maintenance on the building. Now again the lease has been violated because it's written in the lease that I am to be given 48hr notice if they come to inspect, or have someone over that is looking to buy the house after my lease is up. They have already broken that part of the lease by having an apprasier over without any notice whatsoever and now again are doing the same tomorrow. I just recieved a call saying that there will be someone over tomorrow to look at the house for purchase(9am tomorrow), that isn't even 12hrs of notice!

Questions on what to do:

I am completely fed up with it now, and am looking at asking for a portion of my money back(the money that would have been for the rest of the lease that I've already paid), and ending this lease. How should I go about this? Is it even legal to end the lease and recieve my money back? Had the landlord not broken the lease I'm sure it wouldn't. Am I stuck with this situation until the lease is over?

Also any other information or advice would be greatly appreciated.

[PeterMP]

Just a bit of pre-information:

I am currently renting a TH on a 1yr lease, I have paid the lease off in full for the year ahead of schedule(I am currently in the 6th mo).

I don't know enough about things to give advice, but I do have a question, Why would you pay off a lease ahead of time?

[Commander_N_Chief]

I don't know enough about things to give advice, but I do have a question, Why would you pay off a lease ahead of time?

The rental has gone on my credit, it has since improved my credit by about 35-40 points. Had I known now I'd be going through these problems, I wouldn't have. Hindsight is bliss I suppose.

[Bliz]

Just a bit of pre-information:

I am currently renting a TH on a 1yr lease, I have paid the lease off in full for the year ahead of schedule(I am currently in the 6th mo).

The problems I'm having:

First off we still have walls that were never finished being repainted since the last tenants took over the place(many holes in the wall which are now patched up, some that are not, plus damage to the paint, which led to the walls needing to be re-done.) Also there is damage such as a back gate door that has never been replaced(we currently have no door on our gate), dry-rot on the front of the house, and one of the toilets in the MB isn't properly sealed on the bottem so it moves. All of the above was supposed to be fixed in the near future(it's been 6 months still nothing has been fixed). We have yet been given a mailbox key, and the lockbox has not been removed from the door(all things the landlord said he'd get me). I've kinda been easy on looking past this a bit, while still letting the landlord know the work has never been completed or even started; even though this work was included in the lease to be done as maintenance on the building. Now again the lease has been violated because it's written in the lease that I am to be given 48hr notice if they come to inspect, or have someone over that is looking to buy the house after my lease is up. They have already broken that part of the lease by having an apprasier over without any notice whatsoever and now again are doing the same tomorrow. I just recieved a call saying that there will be someone over tomorrow to look at the house for purchase(9am tomorrow), that isn't even 12hrs of notice!

Questions on what to do:

I am completely fed up with it now, and am looking at asking for a portion of my money back(the money that would have been for the rest of the lease that I've already paid), and ending this lease. How should I go about this? Is it even legal to end the lease and recieve my money back? Had the landlord not broken the lease I'm sure it wouldn't. Am I stuck with this situation until the lease is over?

Also any other information or advice would be greatly appreciated.

Practically, your big problem is that you already paid. Your landlord probably won't give you the money back willingly, which means you would need to take legal action to get it, as opposed to terminating the lease and leaving. You don't want to hire a lawyer, because it's not cost-effective (and would probably cost more than the full year's lease). How much are you looking to get back? If it's below $10-$15k, you can probably file in magistrate court. Magistrate courts are designed for small claims like this (I know it's not small to you) and people often present their cases on their own, without a lawyer. It's basically like Night Court. You are allowed to have an attorney there if you want, but many people don't and so it's much less formal and rigid than regular court actions. Many courts have gone to an online filing system. Search for the magistrate court for your county, and see what you need to do to file.

Landlords have certain obligations imposed by law. You can find the Virginia statutes online, but I've included below what is probably going to be most helpful to you. If/when you go to magistrate court, you want to have an idea about landlord/tenant law. In addition to looking into the Virginia statutes, read up on landlord/tenant relations. There's a lot of info, like articles written by attorneys, online. Start by searching for the "implied warranty of habitability" in Virginia and see where it takes you. If you have follow-up questions, PM me. I won't be on this board much today, but will respond to a PM.

Good luck!

Va. Code Ann. § 55-248.13

West's Annotated Code of Virginia Currentness

Title 55. Property and Conveyances (Refs & Annos)

Chapter 13.2. Virginia Residential Landlord and Tenant Act (Refs & Annos)

Article 2. Landlord Obligations (Refs & Annos)

<IMG title="Current Section" alt=">>" src="https://statcont.westlaw.com/images/arrow.gif" border=0>§ 55-248.13. Landlord to maintain fit premises

A. The landlord shall:

1. Comply with the requirements of applicable building and housing codes materially affecting health and safety;

2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;

3. Keep all common areas shared by two or more dwelling units of the premises in a clean and structurally safe condition;

4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him;

5. Maintain the premises in such a condition as to prevent the accumulation of moisture and the growth of mold, and to promptly respond to any written notices from a tenant as provided in subdivision A 8 of § 55-248.16;

6. Provide and maintain appropriate receptacles and conveniences, in common areas, for the collection, storage, and removal of ashes, garbage, rubbish and other waste incidental to the occupancy of two or more dwelling units and arrange for the removal of same; and

7. Supply running water and reasonable amounts of hot water at all times and reasonable air conditioning if provided and heat in season except where the dwelling unit is so constructed that heat, air conditioning or hot water is generated by an installation within the exclusive control of the tenant or supplied by a direct public utility connection.

B. The landlord shall perform the duties imposed by subsection A in accordance with law; however, the landlord shall only be liable for the tenant's actual damages proximately caused by the landlord's failure to exercise ordinary care.

C. If the duty imposed by subdivision 1 of subsection A is greater than any duty imposed by any other subdivision of that subsection, the landlord's duty shall be determined by reference to subdivision 1 of subsection A.

D. The landlord and tenant may agree in writing that the tenant perform the landlord's duties specified in subdivisions 3, 6 and 7 of subsection A and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord, and if the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

[Dondrae474]

Any updates on this situation?