Legal Question in Landlord & Tenant Law in Virginia

Some background: I have a one year lease (for a townhouse) dated 3/1/10 with a tenant who I have since learned cannot be pleased. (I allowed them to move in 2 weeks early and she didn't pay the first month's rent until 3/9.) Prior to writing this lease, I had been working with my lender (BB&T) to modify my loans since I lost my last tenant (around 8/2009). After being approved, then denied, then conditionally re-approved (on terms I cannot meet), I am at my wit's end with both the bank and the tenant. Long story somewhat shortened, apparently my best option at this point is a short sale on the townhouse if I can get another offer. The lease is a standard Virginia one that I found online. My question is, can I be sued by my tenant if I am forced to do this? The guys from the plumbing and HVAC companies I hired to do work there (even though the lease reads that she is responsible for maintenance) both describe her as "disgruntled" so this is a real concern for me. I have a "subordination of lease" clause that reads in part that this agreement and tenant's interests are junior and inferior to any and all mortgages...and any and all modification of such mortgages. Does that protect me if I am forced to sell during their lease? Any help or insight is appreciated.

Thank you,

Christie


Asked on 4/07/10, 10:24 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, even without the provision in the lease which you've mentioned,

you could still sell the property to any prospective buyer you chose (whether your tenant liked it or not)since this new owner would take title subject to the terms of the lease then in effect and the tenant would have no basis for suing you merely because you exercised your legal option to sell the property before her lease was up.

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Answered on 4/12/10, 2:17 pm


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