Legal Question in Landlord & Tenant Law in Virginia

Can a landlord prepare an apartment for a new tenant while you are still paying rent for that month?

My daughter has an apartment that she rented while in school. This sememester she was not able to take classes on campus so she took classes line and stayed home. She has not used her apartment; however she has continued to pay rent.

Two weeks ago her landlord called as said that he had a tenant that wanted the apartment if she could have her items moved by November 5th. We rented a truck moved her items out as instructed and now he says that his tenant doesn't want to move in until December so he wants my daughter to pay rent for November. He has I believe been in the apartment and painted to prepare for his new tenant to move in on December first. Can he do that?

By the way, I asked my daughter for a copy of her lease and she said that she signed one but he never gave her a copy.


Asked on 11/16/10, 11:19 am

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

If I were your daughter, I would refuse the landlord's demand for payment on the grounds that the landlord's request that she vacate the apartment and have all of her personal property removed by November 5, 2010 (which apparently was done), effectively terminated her lease and whatever her obligations may have been under it up until that time.

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Answered on 11/25/10, 8:38 pm


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