I am renting one of two rented rooms in the basement of a private home in Virginia. I have found out that the room that I rent does not meet building code for a rental unit as it has no windows. I have also found that the two rented rooms violate the city's zoning ordinance for the location, as it is only for single-family homes. For an illegal rental such as this, am I able to recover my security deposit and rent paid? (I have been here two months). I've seen that in some states the tenant is entitled to recover everything. Is this true in Virginia?
1 Answer from Attorneys
Security deposit, possibly, but the rent, no, I think not (in the absence of provable damages which you personally incurred as a result of these alleged code violations).