Hampton, VA asked in Landlord - Tenant for Virginia

Q: When renting throught a private owner are the tenants able to use the attic?

Our leasing manager is telling us we don't have access to use the attic because it belongs to the home owners association. However that information was not provided in the lease we signed. We have a rat situation in the attic and they have yet to resolve that. We also have been told one of the bathroom floors need to be replaced and that iit is a saftey issue however that has yet to be fixed. I would like to know what my family can do to get things fixed or move out of this place as soon as possible.

Related Topics:
1 Lawyer Answer
Maria T Patente
PREMIUM
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Tenants have several options in cases like this, when safety and health are threatened due to uninhabitable living conditions. (1) A Tenant's assertion (2) a Repair and Deduct (3) a 21/30 day notice to landlord, demanding that Landlord repairs in 21 days or lease will end on day 30.

Both the Tenants Assertion and the 21/30 Day termination notice can result in an early lease termination where the tenant is relieved of the liability on the remaining rent. Please consider that there is a lot of money at stake to get relieved of liability for rent, and it may be far more affordable for you to hire an attorney to do this for you. They can backfire if done incorrectly.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.