If I have not accepted the keys, Can I Terminate the Lease Early?
Full Question:
Answer:
If you have a lease, the lease terms may contain terms for early termination. If the lease terms don't alllow for early termination, the tenant may be held liable for the remainder of the lease, unless the tenant can prove a breach of the lease terms by the landlord. The failure to allow access, such as by delivering the keys, would be considered a breach of the lease. However, the landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises.
A copy of any written rental agreement signed by both the tenant and the landlord must be provided to the tenant within one month of the effective date of the written rental agreement. However, the failure of the landlord to deliver the rental agreement does not affect the validity of the agreement.
In general, a warranty of habitability requires landlords to maintain safe and sanitary housing fit for human habitation. The warranty of provides protection against those conditions that materially affect the health and safety of the tenants or those deficiencies that, in the eyes of a reasonable person, deprive a tenant of those essential functions which a residence is expected to provide. "Habitability," for purposes of a landlord's warranty of habitability is not the same as no risk of harm. An apartment can provide adequate shelter and amenities, as promised, and still be a place which presents some risk.
This warranty is implied into all leases and generally requires the landlord to deliver livable quarters at the tenancy's inception and to maintain the premises in a habitable condition throughout the term, and conditions the tenant's covenant to pay rent on the habitable condition of the premises. A landlord is required to make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. To constitute a breach of the warranty, the defect complained of must be shown to be of a nature and kind which will prevent the use of the dwelling for its intended purpose to provide premises fit for habitation by its dwellers.
The warranty of habitability is not intended to make the landlord a guarantor of every amenity customarily rendered in the landlord-tenant relationship, but only provides protection against those conditions that materially affect the health and safety of the tenants or those deficiencies that, in the eyes of a reasonable person, deprive a tenant of those essential functions which a residence is expected to provide. "Habitability," for purposes of a landlord's warranty of habitability is not the same as no risk of harm. An apartment can provide adequate shelter and amenities, as promised, and still be a place which presents some risk.
The following are VA statutes:
§ 55-225.2. Remedies for landlord's unlawful ouster, exclusion or
diminution of service. —
If a landlord unlawfully removes or excludes a tenant from residential
premises or willfully diminishes services to a residential tenant by
interrupting or causing the interruption of gas, water or other essential
service to the tenant, the tenant may recover possession and obtain an
order requiring the resumption of any such interrupted utility service or
terminate the rental agreement and, in either case, recover the actual
damages sustained by him and reasonable attorney's fees. If the rental
agreement is terminated pursuant to this section, the landlord shall
return all security given by such tenant.
§ 55-225.3. Landlord to maintain dwelling unit. —
A. The landlord shall:
1. Comply with the requirements of applicable building and
housing codes materially affecting health and safety;
2. Make all repairs and do whatever is necessary to put and
keep the premises in a fit and habitable condition;
3. Maintain in good and safe working order and condition all
electrical, plumbing, sanitary, heating, ventilating,
air-conditioning and other facilities and appliances,
including elevators, supplied or required to be supplied by
him;
4. Supply running water and reasonable amounts of hot water
at all times and reasonable air conditioning if provided and
heat in season except where the dwelling unit is so
constructed that heat, air conditioning or hot water is
generated by an installation within the exclusive control of
the tenant or supplied by a direct public utility
connection; and
5. Maintain the premises in such a condition as to prevent
the accumulation of moisture and the growth of mold and to
promptly respond to any notices as provided in subdivision A
8 of § 55-225.4.
B. The landlord shall perform the duties imposed by
subsection A in accordance with law; however, the landlord
shall be liable only for the tenant's actual damages
proximately caused by the landlord's failure to exercise
ordinary care.
C. If the duty imposed by subdivision A 1 is greater than
any duty imposed by any other subdivision of that
subsection, the landlord's duty shall be determined by
reference to subdivision A 1.
D. The landlord and tenant may agree in writing that the
tenant perform the landlord's duties specified in
subdivisions A 2, 3, and 4 and also specified repairs,
maintenance tasks, alterations and remodeling, but only if
the transaction is entered into in good faith and not for
the purpose of evading the obligations of the landlord.
§ 55-248.8. Effect of unsigned or undelivered rental agreement. —
If the landlord does not sign and deliver a written rental agreement
signed and delivered to him by the tenant, acceptance of rent without
reservation by the landlord gives the rental agreement the same effect as
if it had been signed and delivered by the landlord. If the tenant does
not sign and deliver a written rental agreement signed and delivered to
him by the landlord, acceptance of possession or payment of rent without
reservation gives the rental agreement the same effect as if it had been
signed and delivered by the tenant. If a rental agreement, given effect
by the operation of this section, provides for a term longer than one
year, it is effective for only one year.
§ 55-248.7. Terms and conditions of rental agreement; copy for tenant. —
A. A landlord and tenant may include in a rental agreement, terms and
conditions not prohibited by this chapter or other rule of law, including
rent, charges for late payment of rent, term of the agreement, automatic
renewal of the rental agreement, requirements for notice of intent to
vacate or terminate the rental agreement, and other provisions governing
the rights and obligations of the parties.
B. In the absence of a rental agreement, the tenant shall pay as rent
the fair rental value for the use and occupancy of the dwelling unit.
C. Rent shall be payable without demand or notice at the time and
place agreed upon by the parties. Unless otherwise agreed, rent is
payable at the place designated by the landlord and periodic rent
is payable at the beginning of any term of one month or less and
otherwise in equal installments at the beginning of each month.
D. Unless the rental agreement fixes a definite term, the tenancy shall
be week to week in case of a roomer who pays weekly rent, and in all
other cases month to month.
E. If the rental agreement contains any provision whereby the landlord
may approve or disapprove a sublessee or assignee of the tenant, the
landlord shall within 10 business days of receipt by him of the written
application of the prospective sublessee or assignee on a form to be
provided by the landlord, approve or disapprove the sublessee or
assignee. Failure of the landlord to act within 10 business days shall be
deemed evidence of his approval.
F. A copy of any written rental agreement signed by both the tenant and
the landlord shall be provided to the tenant within one month of the
effective date of the written rental agreement. The failure of the
landlord to deliver such a rental agreement shall not affect the validity
of the agreement.
G. No unilateral change in the terms of a rental agreement by a
landlord or tenant shall be valid unless (i) notice of the change is
given in accordance with the terms of the rental agreement or as
otherwise required by law and (ii) both parties consent in writing to the
change.
§ 55-248.15:1. Security deposits. —
A. A landlord may not demand or receive a security deposit, however
denominated, in an amount or value in excess of two months' periodic
rent. Upon termination of the tenancy, such security deposit, whether it
is property or money, plus any accrued interest thereon, held by the
landlord as security as hereinafter provided may be applied solely by the
landlord (i) to the payment of accrued rent and including the reasonable
charges for late payment of rent specified in the rental agreement; (ii)
to the payment of the amount of damages which the landlord has suffered
by reason of the tenant's noncompliance with § 55-248.16, less reasonable
wear and tear; or (iii) to other damages or charges as provided in the
rental agreement. The security deposit, any accrued interest and any
deductions, damages and charges shall be itemized by the landlord in a
written notice given to the tenant, together with any amount due the
tenant within 45 days after termination of the tenancy and delivery of
possession.
Nothing in this section shall be construed by a court of law or
otherwise as entitling the tenant, upon the termination of the tenancy,
to an immediate credit against the tenant's delinquent rent account in
the amount of the security deposit. The landlord shall apply the security
deposit in accordance with this section within the 45-day time period.
The landlord shall notify the tenant in writing of any deductions
provided by this subsection to be made from the tenant's security deposit
during the course of the tenancy. Such notification shall be made within
30 days of the date of the determination of the deduction and shall
itemize the reasons in the same manner as provided in subsection B. Such
notification shall not be required for deductions made less than 30 days
prior to the termination of the rental agreement. If the landlord
willfully fails to comply with this section, the court shall order the
return of the security deposit and interest thereon to the tenant,
together with actual damages and reasonable attorneys' fees, unless the
tenant owes rent to the landlord, in which case, the court shall order an
amount equal to the security deposit and interest thereon credited
against the rent due to the landlord. In the event that damages to the
premises exceed the amount of the security deposit and require the
services of a third party contractor, the landlord shall give written
notice to the tenant advising him of that fact within the 45-day period.
If notice is given as prescribed in this paragraph, the landlord shall
have an additional 15-day period to provide an itemization of the damages
and the cost of repair. This section shall not preclude the landlord or
tenant from recovering other damages to which he may be entitled under
this chapter. The holder of the landlord's interest in the premises at
the time of the termination of the tenancy, regardless of how the
interest is acquired or transferred, is bound by this section and shall
be required to return any security deposit received by the original
landlord and any accrued interest that is duly owed to the tenant,
whether or not such security deposit is transferred with the landlord's
interest by law or equity, regardless of any contractual agreements
between the original landlord and his successors in interest.
B. The landlord shall:
1. Accrue interest at an annual rate equal to four percentage points
below the Federal Reserve Board discount rate as of January 1 of each
year on all property or money held as a security deposit. However, no
interest shall be due and payable unless the security deposit has been
held by the landlord for a period exceeding 13 months after the effective
date of the rental agreement or after the effective date of any prior
written or oral rental agreements with the same tenant, for continuous
occupancy of the same dwelling unit, such security deposit earning
interest which begins accruing from the effective date of the rental
agreement, and such interest shall be paid only upon termination of the
tenancy, delivery of possession and return of the security deposit as
provided in subsection A;
2. Maintain and itemize records for each tenant of all deductions from
security deposits provided for under this section which the landlord has
made by reason of a tenant's noncompliance with § 55-248.16 during the
preceding two years; and
3. Permit a tenant or his authorized agent or attorney to inspect such
tenant's records of deductions at any time during normal business hours.
C. Upon request by the landlord to a tenant to vacate, or within five
days after receipt of notice by the landlord of the tenant's intent to
vacate, the landlord shall make reasonable efforts to advise the tenant
of the tenant's right to be present at the landlord's inspection of the
dwelling unit for the purpose of determining the amount of security
deposit to be returned. If the tenant desires to be present when the
landlord makes the inspection, he shall so advise the landlord in writing
who, in turn, shall notify the tenant of the time and date of the
inspection, which must be made within 72 hours of delivery of
possession. Upon completion of the inspection attended by the tenant, the
landlord shall furnish the tenant with an itemized list of damages to the
dwelling unit known to exist at the time of the inspection.
D. If the tenant has any assignee or sublessee, the landlord shall be
entitled to hold a security deposit from only one party in compliance
with the provisions of this section.
§ 55-248.16. Tenant to maintain dwelling unit. —
A. In addition to the provisions of the rental agreement,
the tenant shall:
1. Comply with all obligations primarily imposed upon
tenants by applicable provisions of building and housing
codes materially affecting health and safety;
2. Keep that part of the premises that he occupies and uses
as clean and safe as the condition of the premises permit;
3. Remove from his dwelling unit all ashes, garbage,
rubbish and other waste in a clean and safe manner and in
the appropriate receptacles provided by the landlord
pursuant to § 55-258.13, if such disposal is on the
premises;
4. Keep all plumbing fixtures in the dwelling unit or used
by the tenant as clean as their condition permits;
5. Use in a reasonable manner all utilities and all
electrical, plumbing, sanitary, heating, ventilating,
air-conditioning and other facilities and appliances
including elevators in the premises, and keep all utility
services paid for by the tenant to the utility service
provider or its agent on at all times during the term of the
rental agreement;
6. Not deliberately or negligently destroy, deface, damage,
impair or remove any part of the premises or permit any
person to do so whether known by the tenant or not;
7. Not remove or tamper with a properly functioning smoke
detector installed by the landlord, including removing any
working batteries, so as to render the detector inoperative;
8. Not remove or tamper with a properly functioning carbon
monoxide detector installed by the landlord, including
removing any working batteries, so as to render the carbon
monoxide detector inoperative;
9. Use reasonable efforts to maintain the dwelling unit and
any other part of the premises that he occupies in such a
condition as to prevent accumulation of moisture and the
growth of mold, and to promptly notify the landlord of any
moisture accumulation that occurs or of any visible evidence
of mold discovered by the tenant;
10. Be responsible for his conduct and the conduct of other
persons on the premises with his consent whether known by
the tenant or not, to ensure that his neighbors' peaceful
enjoyment of the premises will not be disturbed; and
11. Abide by all reasonable rules and regulations imposed
by the landlord pursuant to § 55-248.17.
B. If the duty imposed by subdivision 1 of subsection A is
greater than any duty imposed by any other subdivision of
that subsection, the tenant's duty shall be determined by
reference to subdivision 1.
