QUESTION

Can I break my lease without a fee if an apartment complex isn't providing hot water?

Asked on Jun 01st, 2017 on Landlord and Tenant Law - Virginia
More details to this question:
The hot water is inconsistent. Sometimes I have hot water sometimes I don't. It's a building wide issue but worse in my unit. It's been an ongoing issue since I moved in. (April 2017).
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Assuming that your Landlord falls under the Virginia Residential Landlord and Tenant Act (which they do if they rent out at least 10 units and since you said it is an apartment complex they almost certainly qualify), what you need to do is file your rent in escrow with the General District Court for the county in which you live.  DO NOT WITHHOLD YOUR RENT.  It's possible you can get your money back, but it must be filed with the court within 5 days of when it is due.  Then the clerks can provide you with the form to file a Tenant's Assertion against the landlord for failure to provide a basic service.  When you go to court you can ask the judge to terminate your lease and give you back your rent money.  This is the only way to terminate a lease without risking further liability.   
Answered on Jun 05th, 2017 at 7:00 AM

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