Legal Question in Landlord & Tenant Law in Virginia

My friend and I moved in together in November, and her name was on the lease. I was aware that her fiance would be moving in eventually-, however, I entered a verbal agreement with her under the stipulation that he'd be moving in AFTER they were married. However, she moved him in less than a month into the lease, while still expecting me to pay half while he paid NO RENT. I suggested the rent be split into thirds since there were THREE adults living in the apartment. She refused, stating that the fact that her fiance stays with her in her room, pays $20 for internet, chips in for groceries, and occasionally cleans up around the house is payment enough. She also thinks that the two of them paying a third each is the same as HER paying two-thirds. We had a talk at the beginning of this month (February) in which I stated my intent to move. I just didn't say how soon. Yesterday morning I found a note taped to my door by her stating that since I didn't give written 30-days' notice, that shes's assuming I'm staying for March, which IS NOT the case. I found a place and plan on leaving before the end of this month. I feel that she is trying to trap me into this agreement, which SHE breached in the first place by moving in her fiance. Does her breach of the agreement render it null and void? I figured I would just have her take February's rent out of the security deposit, which I paid. (Sigh. I couldn't find my checkbook, so I paid cash. I've no receipt either.)


Asked on 2/17/10, 7:28 am

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

Yes, you could risk it (assuming that she won't sue you) and move at the end of February. However, if she does sue, you could have difficulty in proving that there was this verbal contract that you've described and therefore the more prudent course of action would likely be to now give her the advanced 30 days written notice that you'll be leaving at the end of March.

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Answered on 2/22/10, 12:42 pm


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