Need help FAST. We signed a lease on a basement apt. That is in a house NOT zoned for 2 family dwelling. In addition, in the lease, it stated that we are not allowed to publicly disclose this lease anywhere (assuming because it wasn't allowed to be leased to begin with.) This is the first issue.
2-I submitted a written request to be there at moveout walk through. There was never, even a move IN checklist given to us or completed, even though we asked. Th Landlord REFUSED to do a walkthrough with us, said too bad, he had 45 days to do it. I asked if he planned to rent it in the interim and he said he would do w/e he wanted, rent to whomever he wanted and that was none of my business. (Also, told me he was going to sell the house and get out of the rental business.)
3-There is a serious safety issue, due to this not having been inspected and zoned fordouble family dwelling. There is no firewall between the upstairs and downstairs.
4 This should have been my first post,but here I go. One night the landlord called (obviously intoxicated or something) told me to get out of the apartment in 3 days (I have the saved voice message from her) she had it listed on Craigslist and we were to leave . This happened because I asked to see a copy of a power bill (that we already paid,saved the receipt signed by her) that she was trying to force me to pay again. She got mad and told us to get out in 3 days. Later, she found the receipt and apologized asked what we planned to do and we told her we had to put a deposit on another place because she told us to leave in 3 days. What legal recourse do we have here? We gave a 30 day notice. She forced us to pay the last months rent, but still holds our deposit.
5. Today,as I'm cleaning for move out, she drops a letter by to my mother who is outside, that states we need to leave the keys in the cabinet. No walk through, no nothing. When I got hold of her husband he informed me they planned to take us to court. FOR WHAT? She verbally harassed me for a week over thebill I SIMPLY asked to see a copy of because I held the receipt saying I paid it , threatened us by telling us to be out in 3 days it was listed on craigs list, had me sign a leasefor an illegally not zoned basement apt that I didn't realize was not being rented due to not being up to code with firewall and zone approved, and it doesn't end here.
6. When we moved in she told me, on moving day, that needed to fill up the gas tank (used for the gas fireplace) period. I argued that I was in the basement apt only and that I didn't understand why I would fill it up completely... she told me she would not let me in if I didn't write her a check for $360 so she could fill it up. I was trapped, so I did it, Kept the receipt. I caLLED the gas company and she never did fill up the tank and the last time it was filled was 7months before we moved in. How do I fight this and get my money back? The gas company told me by reading the meter, based on its last fill up, I could use the total months since the fill up, average them, then multiply by the ffew months we've lived here giving an estimate of what we may actually owe. Then deduct that from the $360 I was forced to pay and she should owe me the rest. The landlord lied to me, told me she had talked to the gas co and they would either take the extra backout and refund me or issue me a credit. I spoke with th gas co and they said "NO, we don't do either thing."
Our last day in is Feb 29... I am terrified they are going to try to take us to court for breach of lease even though they verbally threatened us and kicked us out over a bill I asked to see , knowing I had already paid it, She has called me names, immature little kid, not dealing with immature kids anymore to the tenants above and to me personally. They refuse to talk about the issues, meet us for move out inspection, return any monies owed...
I think we would have qualified to leave under Virginia's "Constructive Eviction" rule, meaning if the landlord is harassing you or providinng unsafe living conditions you have a right to leave immediatelyl.
Can someone PLEASE HELP ME TO FIND THE LEGAL LEG I HAVE TO STAND ON IF THEY DON'T DO THE WALKTHROUGH , KEEP MY DEPOSIT AND GAS MONEY AND TRY TO SUE US FOR BREAKING THE LEASE. We did give a 30 day written notice and in the notice mentioned that we were told to leave in3 days.. just trying to follow the law.

First, you really think she is going to sue when she puts a clause in the lease prohibiting you from mentioning the apartment?

I wouldn't worry about a suit, because if she does sue you can walk into court and show her abuses.

The main problem here is getting your deposit back. If the landlord won't do a walk through, then you take pictures, include a newspaper from the day in your pictures.

You might not get your deposit back, but at least you will be out of a bad situation.

Thank you. That's the plan so far. I will probably never get the gas money back, even though I've kept the receipt and talked to the gas company. I fear I will never get the security deposit back either. These people are soooooo shady and my fiancé and I are young and they have tried to take advantage of us every way they can, through threats, intimidation, waiting until move in day to make us pay the gas, when we had no where else to go... and I think they are stupid enough to try to sue us for the remainder of the lease. I just want to make sure I am able to defend myself , as I am a waitress without money for an attorney.

If they sue its going to be in housing or small claims courts. Both will be less formal and without the need for an attorney,

You repeatedly wrote that your landady "forced" you to do this, and "forced" you to do that. I don't think she forced you to do anything.

She made demands. Most of those demands were probably not enforceable. She threatened to sue you (despite not having a "leg to stand on"). You were intimidated. That is different than being forced.

If she fails to return your deposit or the money you paid for the gas, simply you sue her, in small claims court.

Reply to AK lawyer 3115 Reputation
Uber Member, Florida


You repeatedly wrote that your landady "forced" you to do this, and "forced" you to do that. I don't think she forced you to do anything.

She made demands. Most of those demands were probably not enforceable. She threatened to sue you (despite not having a "leg to stand on"). You were intimidated. That is different than being forced.

OBVIOUSLY, let's not get crazy about semantics, I think you clearly understood our plight... It would have been more helpful for you to offer advise based on the illegal activities of the landlord.

Here are the pieces of "advice" I was able to find online and in the Virginia Tenants and Landlord Act. I don't know if the "constructive eviction " has a legal base here in Virginia and how would I defend that? I still have the 3 voicemails where she told us to be out in 3 days because it was on craigs list and essentially rented. I also have emails with the same type of message, also calling me an immature chiildish brat because I asked to see the unpaid bill notice for the power bill she tried to make me pay again:

Implied Covenant of Quiet Enjoyment
As part of the terms and conditions of a lease, the tenant has the assurance that she may live in the residence without interference from the landlord or from anyone else. The landlord agrees not to enter the residence without the tenant's permission or to otherwise obstruct her general enjoyment of the property.
Implied Warranty of Habitability
The landlord also warrants that the property will conform to all legal habitability rules and that he will perform all necessary maintenance and repairs in a reasonable amount of time. In California, the implied warranty of habitability became law as a direct result of the 1974 California Supreme Court decision Green v. Superior Court. That law ensures that landlords maintain their units in habitable conditions regardless of any contrary lease stipulations. California Civil Code Sections 1941 and 1942 further define landlords' maintenance responsibilities. They include waterproofing roofs and outside walls; providing unbroken doors and windows; maintaining all plumbing, electricity and gas facilities; providing hot and cold water and adequate sewage-disposal systems; and many other requirements deemed necessary for safe habitability(lack of firewall between two floors/apts)
What Is Constructive Eviction?
When a landlord is in breach of the covenant of quiet enjoyment or the warranty of habitability, the tenant may vacate the premises without incurring additional financial obligations under the concept of a “constructive eviction.� This may occur when necessary and requested repairs remain undone, when the tenant is subjected to persistent landlord harassment,(told to leave in 3 days, called immature children) or any number of other unreasonable situations that the tenant is forced to endure.(The flooding by the frozen washer drainage pipe, which you were told to defrost yourself.)
Tenant's Course of Action
As the first course of action, the tenant must inform the landlord of the objectionable conditions in writing and allow a reasonable amount of time (emails about her telling you to get out in 3 days and calling you names.) for the corrective actions to be performed. If possible, photographs of repair problems should be taken or signed statements from knowledgeable individuals should be secured, if the matter is adjudicated in court. If, after a reasonable amount of time, say 30 days, the landlord fails to correct the problems, the tenant should send a letter to the landlord advising him of her date of departure and of a demand for the return of her security deposit.(This was done after she verbally evicted you and told you to find another place, you should have an email referencing her telling you that. I also witnessed a speaker phone conversation where she apologized for that.)

Sorry you were not forced to sign any lease, you were asked to, and threatened but you can always say no. There was not a gun put to your head.

Next in court, you can not sue to enforce a illegal contact, so all you have to prove is it is a illegal rental and they can not win a law suit against you.

You can sue for your deposit back.

First, semantics aside. Making sure you understand that legally the term forced means that you were threatened with physical harm. AK was trying to make sure you understood that you had a choice, but were intimidated, not forced to take the action you did.


Second, any landlord can tell you to vacate at any time. But telling you and enforcing it are very different. If you vacate, its your choice. If you didn't then the landlord could not enforce it. So constructive eviction doesn't apply.

To Scott:
You are right about the "forced" and I understand to be careful in my terminology. Now, I feel that constructive eviction may work, here is why and please rebut my logic if I am completely wrong:
"When a landlord is in breach of the covenant of quiet enjoyment or the warranty of habitability, the tenant may vacate the premises without incurring additional financial obligations under the concept of a “constructive eviction.� This may occur when necessary and requested repairs remain undone, when the tenant is subjected to persistent landlord harassment
I highlighted the two areas in which I think I can prove this. We found out from the town zoning board, unbeknownst to us, there must be a code inspected firewall for safety between the two units (upstairs and basement) , which there is not. I feel this falls under "warranty of habitability" Next, we have been constantly verbally harassed, I feel that the landlord is either bipolar or a substance abuser as she is in the "other personality" when she calls, texts, emails late at night ranting and raving demanding that we leave, calling us names etc. One night she called the police and reported a domestic violence issue , after she had talked to my fiancé and told him to move. I wasn't even there, no voices were raised, no threats from him, no inappropriate comments , etc. by him. Plenty from her, then she ccalled the police , Lord knows why and reported a domestic violence or dispute at our apartment. I WASN'T EVEN THERE!! She did this as a form of harassment because I asked to see the power bill, before I paid it AGAIN, knowing that I had the check as a receipt along with her signature on the orgiginal bill stating I paid it in full. She went nuts, because I wouldn't just pay her cash immediately and asked to see the bill she was referring to. Remember, this is the same landlord who told us on move in day that if we didn't give her $360 to fill the gas tank, we could not move in, even though there is nothing on the lease about that and we have verification she never put gas in the tank. So, couldn't this type of behavior (not just once) but repeatedly, over weeks and weeks constitute "landlord to tenant harassment" and the inability to "enjoy our apartment" without fear of the landlord (fear of more false police reports, etc? It made us feel like what if they plant drugs or something in the apartment and callthe police? Yes, she is that crazy,so we lived in constant fear of the next late night tirade or threat or
God knows what.
These are the two statements in the constructive eviction rule that made me feel like we might have a standing. The police were not happy about the false report either and said so, but refused to file a false report , don't know why.

Also... aside from constructive eviction, we unknowingly signed a lease for an apartment that is not code compliant with the firewall or even approval to rent.
Also, they put a clause in the lease that we questioned, but were told, don't worry it's justa normal part of the lease, it said "We were not aloud to publicly disclose this lease or post it in any public place." Would this not be an illegal clause in the lease, thus releasing us from any further obligation?
Lastly, some of the legal sites imply (or maybe just state, but it's new to me so I'm not certain I understand) that we are also entitled to seek:
1. All rent paid under this lease (if in fact it is not legally enforceable)
2. Monies for our inconveniences such as new deposits, rental monies due to having to find a new place and any moving expenses incurred...
Is any of this valid?

Quote:

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Originally Posted by KYMHELMS

to Scott:
You are right about the "forced" and I understand to be careful in my terminology. Now, I feel that constructive eviction may work, ...

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You are in the process of moving out, if I understand you correctly.

So once you are out, what next? She can

• fail to return some or all of your deposit
• sue you for the balance due under a lease.

As we have already suggested, you could sue her for your deposit.

If she sues you, sure, you could defend the suit by proving, among other things, constructive eviction. But, and again we have already suggested this, she probably isn't going to sue you.

Thank you AK Lawyer. I appreciate your advice. This has been difficult to say the least.

I have requested to be at a walkthrough repeatedly and they have flat out refused (yes, I did request in writing,) They never gave us a form to complete at move in, so if I am researching correctly, if they refuse multiple written requests do a walkthrough with us, then they are accepting the apt condition "as is" and owe us a full refund of the security deposit. IS THERE A LEGAL BASIS FOR THIS ASSUMPTION?

This situation has several crazy issues connected to it, thus my frantic tone and run on explanations, Thank you for your advice. It is appreciated,

Quote:

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Originally Posted by KYMHELMS

... if they refuse multiple written requests do a walkthrough with us, then they are accepting the apt condition "as is" and owe us a full refund of the security deposit. IS THERE A LEGAL BASIS FOR THIS ASSUMPTION? ...

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No. She could still keep the deposit and claim that you are responsible for specified damages. In that case, it would be your word against hers. So as someone previously suggested, it wouldn't hurt to do a thorough video.

You might look in your state's landlord-tenant act to be sure, but in general there isn't a law that requires a walk-through. It's generally in both parties' interest to do one.

According to the VIRGINIA RESEDENTIAL AND LANDLORD TENANT ACT:
Tenant Right to be Present at Inspection. Upon receiving a tenant's vacate notice, a
Landlord must notify that tenant of his right to be present for the inspection of the
Property after he has vacated. If the tenant wants to be present, he advises the landlord
In writing. The landlord must make the inspection within 72 hours of the termination
Of the tenancy and must inform the tenant of the time and date. If the tenant is present,
The landlord must give him an itemized list of damages found during the inspection.

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.

I also have , in writing, from the landlord, that she will bring the termination of lease agreement form to the "walk through" for us to sign. That's obviously not going to happen, since she won't even do the walk through, yet again, it may not be relevant if the lease was deemed invalid.

And AK Lawyer,
We've been there 4 months, we are detailed, clean freaks and there are no damages.However, this landlord is unscrupulous, dishonest and just shady. So, will video and take photographs of the place after we clean with a current, dated newspaper to validate the date. But, it would be just like her to destroy something or create damage after we leave to try to get our deposit. She's apparently done it before.

First, the code violation affects safety, but not habitability. Did you report it to the landlord? Did you give them time to fix the condition?

As for the harassment, what I don't think you understand is while the law may say something, for a court to rule on it is another thing. I'm just not confident that a court will go along with you. But I also think it's a moot point. If the landlord takes you to court to try and get more money from you, I think you have enough to counter her claims. But I don't think she will go that route.

Quote:

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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 withhold any portion of the deposit.

Quote:

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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.

BUT>> all of this is what happens after you move out, you can not really do anything till you move and until they sue you or refuse to pay you back your deposit. So we can and often do play what if's all the time, but that is all this is. There is no way to know for sure what a local judge will decide,