Legal Question in Landlord & Tenant Law in Virginia

mislead by model home

before i arrived in virginia i corresponded with my roomate in finding an apartment. before finalizing the lease i was shown a model of the townhouse and informed that the apartment was in the same condition. after the lease was signed by myself and roomate we were given the keys. upon examination of the apartment it was uninhabitable: roaches, dirt, grass and twigs on the floor water in the sink and on the bathroom floor and dirt in the sink, cracks in the tile, and drinking and loitering on the premises. the lease was signed right before the office closed for the day. shouldn't the apt. be clean and habitable prior to my move in date. i wont be able to complain until tommorrow morning if less than 24 hours have passed is it possible to nullify the lease and get a refund?


Asked on 9/02/04, 6:33 pm

2 Answers from Attorneys
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: mislead by model home

You need to contact your landlord immediately. Please call MArtin Davis at my office for further assistance at 703-777-7319.

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Answered on 9/03/04, 7:03 am
Jonathon Moseley Jonathon A. Moseley

Re: mislead by model home

I agree with Mr. Dunlap that you should act immediately. This is a "gray area" where you theoretically can get out of a lease because the apartment is unlivable (or because you were not given what was promised) but this is highly subjective and hard to prove in reality. Your chances of getting out of this will be infinitely better if you act FAST, including if you NEVER actully move in. The one thing I would add is TAKE PICTURES to document the situation.

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Answered on 9/03/04, 4:14 pm


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