Q: I am trying to break my lease, there has been mold found due to lack of response to water damage. what do I do?
There was noted water damage upon me moving in back in March 2019, the property management has done nothing about that, there was also an A/C leak in the basement last year and I had been emailing for follow up on the water damage repairs since last June. I have received no response until finally yesterday when I discovered that they switched property managers and they finally sent a company out and they discovered moisture and water damage in the attic due to roof damage and mold in the attic and in the basement. I no longer wish to deal with the company due to failure to respond until threatened with authorities. However, my lease is signed until March 2022 and I was informed that if I broke my lease I will be responsible for paying the $1395 a month payment for the time remaining on my lease. I will be more than happy to pay for any damages caused by pets and replace the carpet I pulled up (to remove the water soaked carpet and mold smell), but I will not pay the remaining rent.
A: Generally in Virginia, when there is visible mold in the Premises, the Tenant must call the Office of Housing Code Enforcement to make a Complaint and ask for an inspector to come to the Premises to visibly see the mold. Based on Governor Northam's recent order, I think that Office in all parts of Virginia is closed, but you may want to call that office to make sure. If the Inspector finds mold, the Inspector will issue a Notice of Violation and then you, the Tenant, would have to file a Tenant's Assertion with the Court in the jurisdiction where the Premises is located. You can funds the procedural rules for a Tenant's Assertion on the Court's web page. At the current time, it is my understanding that all court in Virginia are closed except for criminal matters. You should probably seek the advice of an attorney who is located in the same jurisdiction where you are located for a formal opinion.
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