Q: Can my landlord force me to bail water out of the window wells? Can I seek compensation for the physical labor?
In the summer of 2018 several rain storms caused water to fill the window wells in the finished basement of a single family home and leak water into the dry wall, insulation, and carpet. The landlord was on vacation and forced the renters to physically bail water out of the window wells each time it rained including overnight and during lightening storms. The landlord took over a month to schedule the repairs. The repair man found mold in the insulation. The landlord refused to offer compensation for loss of space during those months or for the physical labor required for the renters to remove water each time it rained. The landlord is a licensed real estate broker.
A: You need to review the lease with a licensed real estate lawyer. If the lease puts the burgent of maintenance or repair on the tenant, you might be obligated. It usually doesn’t in residential leases in Vienna, particularly illegal basement apartments. Contrary to popular belief, all leases are not the same. Start by reading it.
A: Under Virginia law, the maintenance of the Premises is generally the obligation of the Tenant, unless the residential lease states otherwise. You should review your lease for the provisions that addresses this issue. It is doubtful that you have a right under Virginia law or the lease to be compensated for the labor expense, but the lease may provide for that.
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