Glen Allen, VA asked in Landlord - Tenant for Virginia

Q: Can I get out of a lease if the leasing office lied about smoke history?

We just signed a lease for an apartment in Virginia. After moving in, my wife complained of a chemical smell covering a cigarette smoke smell. The leasing office claimed the prior tenant did not smoke, and maintenance claimed it was to cover up curry. My wife just found a pile of cigarettes in a bush right outside our door. The concern is 3rd hand smoke since we have two young children. There's nothing in the lease about smoking, but do we have a way out of the lease if they lied to us?

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1 Lawyer Answer
Steven Krieger
Steven Krieger
  • Landlord Tenant Lawyer
  • Arlington, VA
  • Licensed in Virginia

A: It's possible you could make a misrepresentation or fraudulent inducement argument, but if this goes to court you're going to need to be able to convince a judge that 1) the landlord told you it hasn't been smoked in; and 2) that it was smoke and not curry. If you decide to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck.

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