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-   -   Leasing in Virginia (https://www.askmehelpdesk.com/showthread.php?t=32743)

  • Aug 27, 2006, 07:43 PM
    doxie2mom
    Leasing in Virginia
    I am new to this forum so help me out here!

    I live in Virginia and signed a 1 year lease in March. I have been dating somebody and have decided to move in with him. I haven't had a chance to research my lease yet, but do recall when I signed it that I would only be responsible for 3 months or until the unit was leased again. The Assistant Manager told me yesterday that the demand for that unit is high and I would probably only be responsible for 1 month. The Manager called and said that I would be responsible for the full amount to the end of the lease, even if it was leased to somebody else in the mean time. I did find a statement on another web site stating "a tenant who breaks a lease without good cause will be responsible for the remaining rent due under the lease term. In most States, however, a landlord has a legal duty to use reasonable efforts to try to find a new tenant - no matter what the tenant's reason for leaving - rather than charge the tenant for the total remaining rent due under the lease." Can somebody help me or direct me to a site that will give me solid information that I can understand?
    Thanks so much!
  • Aug 27, 2006, 10:35 PM
    CaptainForest
    You are correct, Doxie2mom.

    If they rent it out again, you will not be responsible for anything else.

    And in most US states they have a duty to try.

    For more information for your state (Virginia), see here:

    VIRGINIA: Title 55, Ch. 13.2, Virginia Residential Landlord and Tenant Act
    http://leg1.state.va.us/cgi-bin/legp...13000020000000
  • Aug 28, 2006, 06:29 AM
    ScottGem
    Instead of posting a question here on this issue, you should be digging out your copy of the lease and reading it.

    The lease should spell out how much notice you have to give and what you will be responsible for. Your lease determines these things except if the lease terms contradict local laws.

    In the case of a fight, the definition of reasonable efforts would be a key. If the landlord lists the arptment with a realtor, or advertises in a paper or apartment listing, that could be considered reasonable. You would then have to prove that qualified tenants applied for the apartment and were turned away.
  • Aug 28, 2006, 07:12 AM
    Cvillecpm
    VA Landlord can't collect double rent - from you and next tenant.

    Keep checking the apt to see if it is rented and when you find it is... ask the new tenants for their names and when they moved in and then write the landlord that you have this information.
  • Aug 28, 2006, 07:41 AM
    doxie2mom
    Thanks so much for all the information! I had not had a chance to pull the lease yet, as my Sister actually has it and isn't able to get it to me until next weekend. Long story. Anyway, they were basically saying that they could collect rent from me and another tenant, and I KNEW that was wrong, but I needed somewhere to start research. I don't think I will have any problem with them once they realize I am not that Naïve. I think they are just trying to bully me.

    Again, thanks so much for all of your help. It is very much appreciated.

    :D
  • Aug 28, 2006, 08:03 AM
    ScottGem
    Yes that is wrong, they can't double dip.
  • Aug 30, 2006, 12:41 PM
    s_cianci
    Double-check the part that states that you "would only be responsible for 3 months or until the unit was leased again." That seems to be key here. Whatever the lease stipulates is what they can hold you to ; no more, no less. If the lease is as you understand it to be then you could potentially be held responsible for up to 3 months rent, plain and simple. Take the lease to an attorney if you need help reading and understanding it.
  • Aug 30, 2006, 09:03 PM
    doxie2mom
    Thanks for the reply. As an update, Sister is meeting with Manager on Tuesday to discuss some options. She is supposed to get the lease to me to read by this weekend so that I can look it over. I was a legal secretary for 14 years, so do have a little knowledge and where to look for the loop holes. I just don't have the copy in my hands yet. Thanks so much and I will be sure to update when I get with my Sister and the Manager next week. All advice is appreciated! :D

    doxie2mom

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