imported post
Code of Virginia says:
§ 8.2A-108. Unconscionability.
(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(2) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.
(3) Before making a finding of unconscionability under subsection (1) or (2) of this section, the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct.
(4) In an action in which the lessee claims unconscionability with respect to a consumer lease:
(a) If the court finds unconscionability under subsection (1) or (2) of this section, the court shall award reasonable attorney's fees to the lessee.
(b) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.
(c) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) of this section is not controlling.
(1991, c. 536.)
Section 1 is where you want to pay attention. In an apartment complex (anything with more than a single apartment) you are leasing not only the dwelling area, but the "use and enjoyment" (a legal term - look it up) of the common areas. This could include, but is not limited to, such areas as parking, trash disposal, sidewalks, recreational or greenspace areas (playgrounds, lawns, pools, etc.) and front or back "yards". Your rights to usethose areas, except as the landlord may limit them so as to ensure the equitable (but not necessarily equal) use by all tenants, is as if you were the owner of the property. Thus, the landlord may not restrict you from an activity that poses no risk of damage to his property. Keeping a pet is a risk of damage - he can either prohibit it or charge you a security deposit against possible damages. Changing your car's oil or doing other automotive repairs on his property is a risk of damage and he can p[rohibit it. Prohibiting you from an otherwise lawful act that poses no risk of damage is unconscionable.
Now you know. If you want to know more, ask yopur landlord for the Landlord-Tenant Act booklet that he is supposed to give you, or go to your local General District Court Clerk's office to get a copy.
stay safe.
skidmark