Landlord Issues (VIRGINIA)

Okay, so here is my situation. I entered into a month to month lease for a room in a townhouse roughly 5 months ago. In the last 3 weeks, I have not had electricity in my room or in my bathroom, and have had no heat because he has not repaired it. In the lease, there is a clause that I am to receive 60 days notice to vacate the property, and vice versa. I have not paid rent this month because I have lacked basic utilities up until this point and for the forseeable future. I paid a $550 security deposit when I signed the lease as well. My landlord sent me an email demanding that I vacate the property within 30 days because he is selling the townhouse. Now then, do I have to pay rent even though I have not received basic utilities for nearly an entire month? And how do I go about getting my security deposit back since he is breaking the lease?

[sunlover]

You are legally obligated to pay rent. There is no way out. If Landlord has failed to repair heat or other essential items you can look up your state's guidelines for solution. You alone do not get to decidee when you can or cannot pay rent.

[mazBut]

Security deposit is meant for safe performance of the agreement.

You cannot stop paying rent as this would put you into default if not paid within the statutory limitation and the landlord will have strong ground to make you quit

Lack of basic amenities is a different problem. You ought to have put the LL on notice for that and deducted it from rent upon mutual consent OR upon the ignorance of the LL you ought to have filed a case against him, if such contingencies and breakdowns were not covered in the Agreement.

Since the Agreement states 60 days notice to quit he can't do that with a 30 days notice....you better point it out to him as well sending him in writin your claim for the period you were without basic amenities against the agreement. if that doesn't work the only option you are left with to see an attorney and sue him for damages.

[sunlover]

If LL wants to sell perhaps you can come to a "cash for keys" agreement

If you are lacking basic necessities like heat or electric, you must send a written notice to the LL to repair so you have proof you asked him to do so. If he fails to repair, your only recourse is to rent withhold under court supervision. This means you pay the rent on time to the clerk of court or to their special account. It does NOT mean that you don't pay at all. The court notifies the LL they have his rent and he cannot claim it until he makes repairs. Failing to pay rent or doing rent withholding without paying the court can get you evicted. You did not follow your state law.

Your state also has no law to allow you to make repairs yourself and deduct it from the rent. (You may not deduct, even under mutual consent!) So the above is your only option. Since you did not pay the court on the 1st, you are now delinquent on the rent. Pay it immediately or face eviction for non-payment.

The LL cannot change the state law by agreement. If your state law says a 30 day notice is required to vacate (which it does), that is what is required. I'd move out if I were you. This seems to be a lousy LL who won't repair. But you still owe the rent.