Legal Question in Landlord & Tenant Law in Virginia

Eviction - are tenants liable for rest of lease?

I evicted tenants due to breach of lease. The remaining lease has 4 more months remaining. They moved out in October as they were evicted on October 15. Are they liable for October's rent & what about the 4 months remaining on their lease? I think I can rent the property in about 2 months. They left the place in shambles so I have to have contractors in to paint, clean, replace carpet, etc. Also, I state in the lease they will forfeit the security deposit if they breach the lease. Please advise.


Asked on 10/28/06, 11:57 am

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

Re: Eviction - are tenants liable for rest of lease?

Yes, the evicted tenants are responsible for paying the remaining period of the lease as well as the damages which you've described. You are, however, legally obligated to mitigate your damages by making a good faith effort to relet the property for the remaining term of the lease as quickly as is reasonable under the circumstances.

If you've already taken court action to evict them in which you were granted a writ of possession, you should've at the same time asked the court for a judgment for all amounts due as of that time as a result of the premature termination of the lease, including any damages caused by these apparently irresponsible tenants.

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Answered on 10/28/06, 1:23 pm


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