Tenant Rights ?
2 attorney answers
Mr. Paulin is correct - Virginia law does not favor landlords shielding themselves from liability over something in their control. And that you can only be evicted by order of a court - and unless it's an emergency you have to be given a minimum of 30 days notice, to the end of the next rental period which appears to be January 31. Also, DO NOT 'withhold' January rent, but pay it to the General District Court using the 'tenant assertion' - Here is an outline I prepared about Tenant Assertions in Virginia: https://www.avvo.com/legal-guides/ugc/tenant-assertion-in-virginia - NOTE: the laws have been reorganized since I wrote that outline so any code section references are out of date.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer...
Wow - welcome to ornery landlord on steroids! I doubt that the clause is enforceable, but you will really need a lawyer to argue that. The avvo find a lawyer feature is helpful. Landlord also cannot evict you without following the Virginia statutes! Sorry to hear you are in this mess (literally). Be sure to document the damage and get all the documents that show the costs of your items (receipts, etc.). Good luck!
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