Legal Question in Landlord & Tenant Law in Virginia

Have a lease agreement on my home with two different people as tenants, not related. After a disagreement between the tenants, one of the tenants seems to have abandoned the property. Several efforts to make contact have failed. The current tenant wants to stay but will need another roommate to afford the lease payment. The original tenants are not behind on any rent payments yet, but may be as both incomes were necessary to qualify. Here are my questions: If a new prospective tenant/roommate qualifies, can I have them take over as an assignee (Assignment is covered in the lease agreement. Basically says it has to be with written permission of landlord)? What happens if the original tenant attempts to come back to the property after the new tenant comes in? Any advice greatly appreciated. Thanks in advance.

Asked on 10/20/14, 2:47 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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If there are credible facts which support your conclusion that this original tenant

has in fact now abandoned the property, then s/he has also abandoned

any right to return and reoccupy it, and, as the landlord, you, of course, would

then have the right to lease it to whomever you may deem qualified (in my opinion).

Answered on 10/21/14, 6:57 am

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