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.

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1 Lawyer Answer
Maria T Patente
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  • Landlord Tenant Lawyer
  • Manassas, VA
  • Licensed in Virginia

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.

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