QUESTION
How are laws associated to contracts cross-functional to lease signings with a landlord?
Asked on Aug 22nd, 2011 on Contracts - Virginia
More details to this question:
I signed a lease at the end of July 2011 and have since been harassed and witnessed numerous events that are either illegal and/or threatening my safety. In the lease it says the owner is not responsible for what may happen within the community so I feel that means they have no liability in this case and I can''t terminate the lease because of these acts. When I toured the community, I asked the office assistant if there had been any illegal activities that had occurred recently, specifically asking about shootings, and she told me "no" and that they had officers monitor the area well. I have since learned that a week before I signed the lease someone was shot and killed in the actual building I rented an apartment in. There had also been drug busts in recent months previous to the signing that she lied about, as well. I was wondering if everything I was told was irreverent or if I have anything that justifies being able to break the lease without having to pay 3mo rent.
1 ANSWER
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The common law of contracts will apply to lease agreements to the extent not superseded by statute, such as the Virginia Residential Landlord and Tenant Act (VRLTA) which establishes various rights and obligations of landlords and tenants in Virginia. The Virginia Dept. of Housing and Community Development publishes an excellent handbook explaining the VRLTA and its application. It is available online.
There exists under Virginia law a cause of action commonly known as fraud in the inducement, which basically means in this context that a landlord not only failed to disclose important information about crime in the area (information that a reasonable person would have considered relevant in deciding whether to sign a lease), but actually misrepresented the facts when directly asked. In such a context, the tenant would argue he or she was fraudulently induced to enter the lease and, therefore, should be entitled to such relief (e.g., termination of the lease) as to make the tenant whole.
Answered on Nov 17th, 2011 at 11:29 AM