What to do about a breach of lease?

UPDATED: Jul 3, 2012

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What to do about a breach of lease?

I signed a lease with a private homeowner. It was clearly stated to me and wirtten in the lease that the landlord would continue to pay their HOA dues and a portion of my rent was to cover those expenses. Therefore, I would have access to pool privileges, trash removal and lawn care. However I have been denied access to the pool since my landlord is behind in HOA dues. I have tried to reach out to the landlord and get this resolved and they will not answer my inqiries. What rights do I have as a tenant?

Asked on July 3, 2012 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the landlord breaches material, or important, lease provisions--as these seem to be--and the landlord has not "cured" the situation after written notice (preferably sent some way you can prove delivery) and a chance to do so, the tenant would have grounds to do one or more of the following:

1) Terminate the lease and tenancy without penalty due to the landlord's material breach;

2) Sue for monetary compensation (e.g. a rent reduction) for the time period the tenant has been denied some of the facilities he/she has been paying for; or

3) Seek a court order directing the landlording to honor his/her obligations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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