Q: I signed a lease that was then signed and executed by the landlord. 8 days later the landlord informed me that the
previous tenant was on a month to month lease and had decided to not vacate, and was not planning to vacate anytime soon. They said the apartment is no longer available. I believe this is a violation of Virginia State Statute 55.1-1238 of the Virginia Residential Landlord and Tenant Act for failure to deliver possession. Am I correct? If so who should I contact to file against this landlord?
A: Yes, you are correct. The question for you is whether you are trying to terminate the agreement or enforce the agreement, so you can take possession. If you decide to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck.
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