THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, July 15, 1995 TAG: 9507130296
SECTION: REAL ESTATE WEEKLY PAGE: 20 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: BY WILLIAM MAZEL, SPECIAL TO REAL ESTATE WEEKLY
LENGTH: Medium: 53 lines
Q. I rented a home near a seashore. After moving into the apartment, I realized that there were rats in it. Before vacating the premises (which occurred shortly after our having moved in), my family and I spent three nights camped in the living room, unable to sleep because we were worried about the rats.
We could hear them scurrying across the roof. The entered the house through various openings. The landlord has threatened us, claiming that we would have to pay all the rent for the entire term of the lease.
What can we do? Are we liable?
A. It is my opinion that you are not only not liable for the balance of the rent, but you should also be entitled to the return of your security deposit plus the rent you paid in advance. All of this, of course, is based upon the fact that you did notify the landlord as soon as you discovered the condition of the premises.
The Virginia Residential Landlord-Tenant Act requires the landlord to rent premises free of vermin and rats are definitely vermin. You were warranted that the place was safe and fit for human habitation when it was not. Rental agent's role
Q. Some friends who own a home locally must move out of state for a few years and plan to rent their home. They've asked me to act as their property manager. I would be expected to collect the rent, enforce a standard lease, take care of maintenance and find tenants.
What kinds of legal problems might I encounter? Should I obtain insurance to protect myself against lawsuits? Would I need a business license? I have read the Virginia Landlords and Tenants Act and it seems pretty straightforward.
A. I am assuming that you are not going to be compensated for your favor to your friends. Even though you will be acting as a gratuitous agent for your friends, there may be a potential liability in the event you commit a tort (a civil wrong) involving the friends' tenant.
As the rental agent, you would be making all contracts on behalf of your friend and not in your own name. I suggest that you might want your friends to give you a limited power of attorney to handle matters, excluding the sale of the house, on their behalf. MEMO: William Mazel is a retired lawyer. Send comments and questions to him at
Real Estate Weekly, 150 W. Brambleton Ave., Norfolk, Va. 23510.
by CNB