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  1. #1
    Join Date
    Sep 2011
    Location
    Virginia
    Posts
    26

    Default Married Tenants' Rights in a Poorly Maintained Rental

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

    My sister, and brother in law have had a debate over this, and I'd like to clarify it.

    She says there is no 'Main/Head Lease-y' whereas, he claims that she is the one who signed the lease, and has all rights, while he has none. It is a long, sordid issue, where in the landlord is not upholding his part of the lease, and they are debating legal action.

    Is there such a thing as a main/head lease-y when it is a married couple living in the residence? They were married before signing the lease.

    The landlord has not repaired the household well, it is not properly insulated, it is costing them well over $250 in power to keep the heat on, they have a 2 year old child. The landlord refuses to come do repairs, check when the water pipes burst, or anything.

    They even have photographic evidence of the landlord siphoning power from their house, so he could do repairs on a nearby house, and denies doing so, as well as refusing to pay for the increased charges that were made.

    What advice can I give them? I've tried telling them to come here and ask themselves, but neither has any backbone, and I want my family to be secure, and in a safe, well maintained home.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Spouses on a Lease

    I can't see the lease from here. Who does the lease identify as the lessee(s)? And why do you think it matters?

    It's not difficult to notify the electrical utility if somebody has tapped into the wiring on your house.

    What is it that they hope to accomplish?

  3. #3
    Join Date
    Sep 2011
    Location
    Virginia
    Posts
    26

    Default Re: Spouses on a Lease

    I can't see the lease either. But, as far as I know, they both signed it, shouldn't that make them both the 'main lease signer'? Its too late to tell the electrical company, because as I said, my family is rather spineless.

    I just want to know what could/should be done, and how I can assist them in the future. Should they decide(unlikely) to pursue any legal action, does it matter if one wants to and the other does not? If there is a main lease signer, does that person have to be the one to pursue action?

  4. #4
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Spouses on a Lease

    What can be done about what? Again, what do they hope to accomplish?

    Unless you're also on the lease, you play no role in any of this.

    Gail

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Spouses on a Lease

    Quote Quoting DemonDragon
    View Post
    I can't see the lease either. But, as far as I know, they both signed it, shouldn't that make them both the 'main lease signer'?
    If the lease was signed by both of them, as equal tenants with equal rights, then that's what happened.
    Quote Quoting DemonDragon
    Its too late to tell the electrical company, because as I said, my family is rather spineless.
    If it's a remote incident that they don't care about, that they regard as irrelevant, why bring it up?

    I am not sure why you are obsessing over whether one spouse has more rights under the lease than the other. Unless and until you take the time to review the lease, you're not going to determine with certainty if it's not as you assume - your stated assumption being that they have equal rights.

    If spouses disagree about something, they will benefit from trying to work out a mutually acceptable resolution. That's part of marriage.

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