Legal Question in Landlord & Tenant Law in Virginia

Breaking Lease

I am currently in an aparmtent. I can't afford my rent due to a recent loss in my job. My apartment complex will not let me out of the lease without paying around $3500. I need to know what to do to get out of this lease. I am pregnant and am unemployed so my mom has offered to let me stay with her free of charge. Is there a way I can get out of the lease for hardship? Any advice would be appreciated. Thanks!!


Asked on 3/03/04, 10:46 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Breaking Lease

Unfortunately, "hardship" is not a legal basis for disavowing a lease agreement. About your only remedy is to attempt further negotiations with

the landlord to work out some sort of settlement.

To induce the landlord's cooperation is this exercise, you should make very plain, exactly, what your current situation is, fianancial and otherwise, and that, in effect, you are now in your current (and near term future) state, virtually "judgment proof", meaning that even if the landlord obtained a judgment against you for the balance of the lease plus costs, it's very unlikely that they would be able to collect much of anything on it. Therefore, it's manifestly in their interest to attempt to work out a settlement with you on a voluntary basis which may allow them to retrieve something from you rather than nothing. (This, roughly, should be your argument to the landlord.)

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Answered on 3/03/04, 11:20 am


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