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Originally Posted by KYMHELMS  ... IT DOESN'T STATE WHAT HAPPENS TO THE SECURITY DEPOSIT IF THEY DON'T FOLLOW THIS, THOUGH. BUT, I think if we prove a case for constructive eviction, that could present the entire lease as invalid....again, I don't know what the financial responsibilties to us,from the landlord would be in that case, but it will solve some of the issues (paying rent on remainder of lease) I was concerned about.
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I don't know what the Virginia courts have said, but if I were you I would argue that, if she fails to abide by the statute you have quoted dealing with walk-throughs, that she has waived the right to withold any portion of the deposit.
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Originally Posted by KYMHELMS ... if we prove a case for constructive eviction, that could present the entire lease as invalid...
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I would suggest that if you can prove a constuctive eviction, or an illegal lease (because the premises are non-conforming with the zoning code), that would add another nail to her coffin: she should not be able to recover for an "early" termination of the lease.