Legal Question in Real Estate Law in Virginia

Subject: Rights based on the Soldier - Sailor Act

23 January, I wrote and sent a letter to my landlord to be released from my lease by 20 March. I have been verbally released by my lease because I have moved in with my future wife. I professionally cleaned the house but I feel the landlord and management company are not making the effort to lease this property. Last week I called my landlord and he verbally released me from my contract and I have since then asked it for writing. What can I do?


Asked on 3/18/02, 11:15 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Subject: Rights based on the Soldier - Sailor Act

Your question fails to make clear the notice requirements of the lease with respect to termination as well as the term of the lease itself, i.e.,whether it's month to month, six months, or a year. The former will almost always be determined by the latter.

If you're attempting to secure your release from a

lease which runs six months or a year, the landlord is under no obligation to accommodate you if your're attempting to vacate the premises before the term of the lease is up,

but under the law they are required to mitigate damage claims once you move out by making good

faith efforts to secure a rental substitute for

you.The landlord is not, however, legally required

to make these efforts until you move out.

In your situation where, supposedly, verbal

approval has been given for you to terminate

early, you may wish to considering going to the

rental office(or wherever lies the authority to give the release), explain that the landlord

recently gave you a verbal release to terminate

your lease early but that you have come to get it in writing.

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Answered on 3/18/02, 1:48 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Subject: Rights based on the Soldier - Sailor Act

Addendum to previous answer: I missed the part

about you, apparently, being in the military and

seeking relief under the Soldier-Sailor Act.

If after personally going to the office as I previously suggested and you still don't get the

release in writing, then simply contact your JAG

or military legal affairs office and request that they give the landlord a call.

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Answered on 3/18/02, 1:56 pm


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