Legal Question in Landlord & Tenant Law in Virginia

Early Lease Termination

Recently, I rented an apartment that I quickly discovered was completely infested with cockroaches. The management has sent an exterminator more than once but the problem has not abated at all and there are signs of measures taken by the previous tenant that indicate the problem is well entrenched.

I'm considering approaching the property manager to negotiate terms of an early lease termination. I'm willing to pay a reasonable amount (such as an extra month's rent plus cleaning fees) to exit the lease. Coming in to the situation, I had a spotless record with previous landlords and an excellent credit history and I want to leave with both intact. Is there anything I should watch for or be wary of from a legal standpoint in negotiating an early lease termination?


Asked on 2/05/04, 1:15 pm

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

Re: Early Lease Termination

Yes, before succumbing to the landlord's exhorbitant demands in order to allow for your early exit from the lease, consider carefully whether in fact you might have a claim for constructive eviction under terms in which the landlord might actually owe you rather than the other way around.

In order to determine this, you would be well advised to consult with an attorney who practices in the jurisdiction in which the property is located and who is knowledgeable in the area of landlord tenant law.

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Answered on 2/05/04, 4:40 pm


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