How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JD Your Own Question
JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 1335
Experience:  Over 11 years litigation experience including eminent domain and real estate disputes
Type Your Real Estate Law Question Here...
JD is online now
A new question is answered every 9 seconds

i have a house that i am renteing. it ia sposet to be a rent

This answer was rated:

i have a house that i am renteing. it ia sposet to be a rent to own but none of the rent is nocked off the totle balence. the problem is that the house i am in has a mold problem. i am no longer willing to bye the house. i gave the landlord a deposit of $2400 and he said i have to fix all the problems but told me nothing of the mold. should i be out my 2400

A seller must disclose certain known issues to the property and you may be able to show that that mandatory disclosure was not made. If that is the case you should be able to set aside the contract and recover your deposit. While it is generally a buyer's responsibility to inspect a property before purchase, any known defect as severe as mold could give you grounds to void the contract if the seller had knowledge.


Further, there are provisions of the Virginia Landlord Tenant Act that are similar to the old common law implied warranty of habitability. While Virginia does not recognize an implied warranty of habitability in the landlord tenant relationship, there are numerous provisions that serve to protect tenants from unconscionable lease provisions and being stuck with mold. There are also provisions that give a tenant the right to have the landlord clean and correct the mold issue (if possible).


Basically you need to review your contract with a local attorney and explore your options. I do think you have a potential action here and it is definitely worth seeking a local lawyer to work with. If you do not have the means to hire an attorney, legal aid offices will often work with tenants concerning these issues.


Please reply if I can help further.



Remember to click ACCEPT only when you are satisfied with your answers. This is how we get paid for our time with your questions. I would also appreciate any positive feedback you could provide. If you are not satisfied then please reply to me so I can further assist you or find someone else to help. I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.

JD and 4 other Real Estate Law Specialists are ready to help you