Can Landlord sue using SMS Text As Confirmation for Moving-in and Backing

[pichalite]

My question involves landlord-tenant law in the State of Virginia

I've been living at the place for 10 months. About the place, there are two rooms in the underground basement and I'm living in one of them. The second room has no outside window/ventilation. It has two doors. One connects to the hall and the other connects to a restroom. The restroom has a second door that connects to same hall. There is a wet bar kind of kitchen with no fixed stove.

- In March 2015 third week, since the second room is going to be vacant end of April 2015, I asked the land lord if I may take the second room from May 2015 since I may have guests visiting me for a month. He happily agreed to it and gave time till Apr 7, 2015 to confirm.

- On April 5, 2015, I confirmed him via SMS text message that I would be renting the other room from May 1, 2015

- On April 10, 2015, I took back my word as I found another ground level basement that would be comfortable for me and my guests. So I informed him of not being able to rent the other room.

Per lease, a 30 day notice from 1st of month is required and he collected 1 month rent security deposit from me. So, I informed him by e-mail I would leave at end of April 2015 and he can keep my security deposit towards May 2015 rent for my room and requested him to free me of obligations for second room. He explained me last month rent is not equal to security deposit. I went through lease and understood the terms. I agreed to pay the rent for May 2015 with out me staying at the place. He would also give me back the deposit as applicable per lease.

The problem now is, LL wants me to pay the rent for other room as well for May 2015 as I confirmed and he lost prospective tenants. He is threatening me of suing using the text message on basis of cheating if I don't pay the rent for May 2015 for 2nd room. I'm trying to find my rights in this case. I pay him rent through online transfer, so I'm assuming he pays taxes for it and the basement is a legal to rent. If the place is not legal, he cannot sue me. Also, I'm concerned I may not be able sue him for my deposit if the place is not legal. From tax assessment of the property, I see the finished basement sqft is included in total SFLA. There is no information on rental unit.

I understand in the whole episode I made mistake by taking back my word, but that is not a long enough gap to lose prospective tenants and the end of month is still 20 days. I need suggestions on how strong the SMS confirmation with out legal agreements holds good in court. Also considering the situation of second room, i.e., no ventilation or outside exit form the house. The rent per room per month is $600. In the worst event that I must go to small claims court to get my deposit back, how much it might cost me ?

 

[FarmerJ]

so when you called your city to learn if this place is registered as a two family home what did they tell you ?

 

[pichalite]

so when you called your city to learn if this place is registered as a two family home what did they tell you ?

I did not call city. I did not want LL to get into trouble by calling city for asking information. I only checked tax assessment website to see if I can find anything about rental unit.

 

[BL]

If you want answers and proof ,call the appropriate authorities. Posters often post ,and say they don't want to do this or that ,but you have to, or move on.

 

[FarmerJ]

There are many landlords who know full well that the spaces they are renting do not meet local zoning codes when it comes to things like fire exits ( windows large enough that a firefighter can easily climb in ( not tiny tiny basement windows ) In order for a home where owner has others living with them as real roommates then the owner /LL would have his or her own bedroom for sure then share kitchen and living room or some spaces in common with the roommate /tenant. Other wise when your renting and the LL does not share kitchen, living room or bathroom and tenant has space also that is not shared. So you said >I did not want LL to get into trouble by calling city for asking information<< My answer to that is Boo Hoo for the LL if you were told by the city that the LL cannot rent that space as it is to you or anyone else then Your so called lease= rental agreement is over , your LL cant make you pay for space that the city says cant be rented out as it is and if the city told you that you had to get out with in x number of days then your LL like it or not owes you a partial refund of rent unless there is a law in your state that would require the LL to give every penny back as a form of penalty for trying to by pass housing - zoning rules.