Legal Question in Landlord & Tenant Law in Virginia

Landlord trying to break a lease

We have a lease on a house in Virginia from August 21, 2006 until August 20, 2009, which we according to the lease agreement can unilaterally extend for one more year. Our landlord (a lawyer) has emailed us a termination of lease saying ''pursuant to VA code section 55.222, this constitutes 90 day notice as to the termination of the current lease, unless the court orders an earlier date or unless we come to another agreement''. However, regarding the code section referred to, our lease is not on a month-to-month or year-to-year basis, but we are in the middle of a 3-4-year lease. He doesn't blame us for violating the lease agreement. However, the landlord says that the house is a primary asset of a Living Trust formed by him and his wife, and now that they are divorcing, ''all assets will be ordered sold by the court.'' We would like to stay in the house. Can they terminate our lease? What if we just stay put, because there is no basis for the termination of the lease in the lease agreement? As I understand it, they are free to sell the house, but the new owner has to honor the lease? They imply that unless we comply, they will go to foreclosure. I would appreciate urgent help.


Asked on 6/08/08, 1:02 pm

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

Re: Landlord trying to break a lease

I see nothing in Va. Code Sec. 55-222 that would allow this attorney-landlord to terminate your lease in the manner that he has proposed, and if the property is sold, the new owner would very likely take it subject to the lease.

Your landlord should be so informed(in case he doesn't already know).

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Answered on 6/08/08, 9:05 pm


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