Can I legally break a Virginia Common Law lease and get rent and security deposit returned if mold is discovered at move in?

Anonymous Sep 24, 2012 Bankruptcy and Debt 3 views 1 answers

I signed a Virginia Common Law lease a week prior to the September 1 move in date. The day of the inspection, a moldy odor was present throughout the house. A mold inspector performed confirmed that mold remediation was required to eliminate potential health issues. The property manager indicated that the landlord will cancel the lease and return the security deposit, but not the rent. The Virginia Landlord Tenant act states that if mold is discovered within 5 days of move in, the tenant can cancel the lease and have both the rent and security deposit returned penalty free; a provision not listed in a Common Law lease. Is there a law that protects me similar to the the V.L.T.A., despite signing a Common Law Lease that allows me to recover rent and security deposit penalty free?

Attorney Answer

1

Michelle Mathis

Michelle Mathis · Jun 15, 2026

The VRLTA statute that you are referring to is Va Code § 55-248.11:2 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.11C2). The statute that would apply to a common law lease is Va Code § 55-225.7 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-225.7). You can see that they say the same thing. So yes, there is a law that protects you similiar to VRLTA. Neither statute specifically says you will get your rent back, but if you never took possession of the property, then it is logical that you shouldn't have to pay rent for a time period that you never stayed there. If you had moved in for a few days, and then decided to cancel based on mold then I believe you would still owe a (prorated) month of rent.

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