Legal Question in Landlord & Tenant Law in Virginia

termination of lease

I moved into an apartment about 6 months. Since being here, I notice the water in the basin is full of slimm and bateria, this also at one time came out of the bathtub while

running water. I complain to the landlord and they told me that it is the county's water and it's drinkable and also safe. I called the county and they said the water is not like that and it may be the pipes within the aparmtent. So they really got me going between each other and no one is taking the responsibily. Since being here, my child has been having skin discoloration and rashes on her face. I've

taken her to two different doctor. The results: fungus the other dry skin. I believe this is a product from the water. With the conditions being like they are, I wanted to

terminate my lease but I was told if I do so, I would have to pay the penalty. In the meanwhile I have health official schedule to come. Is there any way of terminating my lease without a penalty?


Asked on 4/02/04, 7:43 pm

2 Answers from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: termination of lease

You have rights both for a breach of the lease as well as under government law, but they are difficult and a little challenging to pursue. The other post is correct that the most drastic measure (totally ending the contract) might not be possible. I would suggest going to the health department and raising cane as the easiest way to get some action. (Not the water people, but the health department of your county.) Send a letter and send a copy to the landlord. You might even try going to your County's Board of Supervisors meeting. Before the start of the meetings, there is an open time for public comment. You can publicly ask the County government to "do something" about the poor water problem. It might stimulate some action. If you actually have to go after the landlord in court, you can do it, but it will probably cost you more in attorney's fees than it is worth.

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Answered on 4/03/04, 11:48 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: termination of lease

No, unfortunately, what you have described is probably not enough to make out a case for constructive eviction.

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Answered on 4/02/04, 11:01 pm


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