Legal Question in Landlord & Tenant Law in Virginia

Breaking a lease

my fiance and I have to move out of state due to a family members illness and the inability of them to take care of my fiances daughter anymore, I am under a 1 year lease since july 9th 2008 and it is now dec. 10th 2008

There is no other option but to leave this appartment and the state of VA, thus breaking the lease some 6+ months early. Now I know that I will have to pay the rent due for the remainder of the contract eventually what is bothering me however is

1)will I or her be in any major(jailtime) troubles if we do leave the state?

2) I am currently on disability and my fiance is not working, how will this affect repayment if it will at all?

3) what are the penalties of not being able to return to VA to go to scc if taken to court?


Asked on 12/10/08, 3:27 am

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

Re: Breaking a lease

No, under our system of justice, folks who break leases are not put in jail. If you cannot pay the balance owed under your broken lease, the landlord will probably seek a judgment against you in the local general district court for that amount plus any applicable costs.

If you are sued in Virginia and fail to appear, the court will likely enter a default judgment against you which eventaully will probably show up at some point on one or more of your credit reports and may impair your ability to secure new lines of credit.

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Answered on 12/10/08, 11:23 am


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