Legal Question in Landlord & Tenant Law in Virginia

Re: I think I might be low on options here...

When a person rents an apartment, it does not

matter what they do with it. YOu can rent the

apartment and never live there at all, and you

are still responsible for the rent.

So when both of you signed the lease, you will

both be responsible for the ENTIRE amount of the

rent. That means that if the landlord sues,

then can collect 100% of the rent from your

girlfriend OR 100% from you, or any percentage

from either one according to what they can grab.

So what matters is who is easier to collect money

from. The landlord is entitled to go after the

money of either one of you, according to what

money is easier to find and grab (after winning

a lawsuit, obviously, they can't do it without

winning the lawsuit first).

So it does not matter who lives there or what

your agreement was between you. None of the

factors that you have been discussing with your

girlfriend will make any difference to the

landlord. (It might matter in a lawsuit between

you to later divide up the damage, which is a

distinct possibility.)

So your girlfriend is incorrect, but this might

not help you very much, because you could be the

one that the landlord happens to go after first

in terms of money.

Therefore, it is probably best for you to find

another roommate or move as quickly as you can,

perhaps going to the landlord and asking them

to voluntarily change the lease. (Beware of

this, however: Landlord staff often give big

smiles and are all happy to help you move out

early, and then whack you with the bill later

for the entire duration of the lease. So you

must get a modification of the lease in writing

signed by both sides canceling the lease early,

or substituting a new roommate.)

Again, however, it is always possible for a side

lawsuit between you and your girlfriend to

divide up the costs between you. But the landlord does not care who pays, and does not

have to choose between you. FOr the landlord,

the answer is "C) ALL OF THE ABOVE."

Re: I think I might be low on options here...

Without looking at the lease, I cannot say for certain, but the liklihood is that each of you is liable for all the rent due. That is to say, the landlord can sue both of you for the ENTIRE amount and collect from either of you. If the landlord pursues you for collection, you would have to collect from the ex. Her obligations under the lease have nothing to due with what percent of the rent she actually contributed--that was between the 2 of you.

Robert J. Strupp