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Realtor/Landlord Non-disclosure of house defects

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Junior Member
What is the name of your state (only U.S. law)? Virginia

I have sent the following letter to the realtor. I would like to know what legal recourse I have. We always pay our rent on time. The letter was sent certified on 1/20/2015. The realtor signed for it. Any help would be greatly appreciated.

As the tenant of the above named property, I am terribly disappointed with the lack of maintenance upkeep you, as agent, is responsible for. When you rented the house to my family, you did not divulge the problems with the heating unit or the need for a new roof. It wasn’t until a month or two after we signed the lease that you told me the heating unit was not big enough to heat the home and that it would be replaced in September. Well, September has come and gone, and my family had to wait until November for you to send someone to replace a part on the heating unit just to get it barely running. I have to keep the thermostat at 64 degrees because if I place it any higher, the heating unit runs continuously without cycling. At that temperature, the house is very cold and the only room that receives any type of significant heat is the family room. The two bedrooms and living room on the main floor do not receive sufficient heat at all. The coldness of this house has triggered my asthma for which I have had to be treated for with steroids. Additionally, I have my two minor children who have been suffering in this cold house because you have failed to replace the heating unit. The heating bill has been $500 for the past two months for just barely heating the family room.

In the large bedroom upstairs, the baseboard heat is not properly functioning. Only part of the room receives heat. Therefore, we are unable to use the room.

The roofing problem is another issue that you have been aware of. When the roof leaked and the ceiling came crumbling down this past autumn, you knew that this was not the first time you have encountered a problem with the roof. It had been patched up previous to our tenancy. And, you contracted for another patch-up. Well, now, the same area is leaking again. When my husband texted you at least a month ago, regarding the most current incident, you informed him that the owner is reviewing proposals regarding the repair of the roof. This does not address the immediate problem that we have. The previous time that the ceiling collapsed, my baby grandson and I were in the area and could have been injured. Are you waiting for an injury to happen to one of my family members because of your negligence of duties? What about the unhealthy situation of mold growth? Just like the heating unit, this is an emergency issue that needs to be addressed NOW, not later.

Additionally, two of the toilet tanks have hardware that need to be replaced. Both tanks are leaking water. And, the water pressure in the kitchen is extremely low. My water bill each month is $200 due to these plumbing problems.

If you had disclosed to my husband and me the problems with the heating unit and the roof, we would have NEVER rented this house. You and I entered into a contract and you were guaranteeing that you were not aware of any problems with the house. I was guaranteeing that I would pay my rent on time. You have been in default of this lease by not keeping this house in a habitable state. I expect for these repairs to receive your immediate attention. Our health and well-being are being compromised due to your negligence of duties as agent for this property.


Senior Member
If you are a tenant nobody needs to disclose anything to you. Neither the owner nor his agent. You could have inspected the place.

Gail in Georgia

Senior Member
Check out the steps you, as a tenant, can take in your state to address the repairs you would like addressed in your rental unit. They begin on page 7 of the attached:



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