Legal Question in Landlord & Tenant Law in Virginia
Apartment Lease Questions and Dissatisfaction
We live in an apartment in Lynchburg, Va. There has been three owners since we moved in. Just signed a new 9 month lease in Feb. It's April and there are new owners again. They are making decisions that are contrary to our current lease. Also, the maintenance men come into our apartment without warning and fix things. We had personal things laying around last time, because we didn't know anyone was coming. Now, we are looking around and hoping nothing is missing. There are six families in six of the aparments in our building and there is one apartment that they keep allowing college kids to move into. I have to go out and say something to get them to be quiet. We are very dissatisfied with our apartments. The new owners want two months rent and a 60 day notice + $50 to move out early. Do we have to do all those things if we are not feeling safe and that they are not holding to their end of the bargain? How much water do apartment leases hold? What could we do to get out of the leases legally and without having to pay so much money?
2 Answers from Attorneys
Re: Apartment Lease Questions and Dissatisfaction
If you signed a new one-year lease in February, the new owners are obligated to the terms of that lease. Have an attorney review the lease for you.
Bst Wishes,
Re: Apartment Lease Questions and Dissatisfaction
What the new owners "want" is completely irrelevant. You can bet that they will be requiring you to follow every word of the lease if they think you are departing from the lease.
The lease does govern the relationship precisely, and with complete weight ("water").
However, you should check very carefully about whether the lease has any language in it about a change of ownership of the property. If it does have such language, then that must be followed exactly as written.
But in general they cannot change the terms of the lease.
Now, if you want to get out of the lease, that is a different story, and a more thorny problem.
If they are trying to change the terms of the lease, then you could serve written notice on them that they have breached the lease, and you are treating it as breached, and terminated.
This is somewhat hazardous, because if you move out they could still try to sue you for the unpaid remainder of the lease, and they might win. But it is a possible approach.
If you give them notice that they have breached, give them at least 30 days notice (starting on the next 1st of the month) to give them time to find an alternative tenant.
They cannot sue you for any period of time during which they had another tenant. So, at worst, your responsibility ends when a new tenant has moved in. They can only sue your for a time period when the apartment is vacant, and maybe not then (if they breached first).
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