Legal Question in Landlord & Tenant Law in Virginia

Re: How to get a name removed from lease where signer is not a tenant?

Well, this is a complicated mess. Any time you

are asked to sign a contract, it is a very

serious matter. Generally speaking, I would say

that in 99% of the cases if you have signed the

lease, you are responsible for the lease.

Here, however, you have quite a strange and

unusual situation.

In order for a contract (or lease) to be binding

there must be a mutual exchange of promises,

what the law calls "consideration." It means

that a contract is a two-way street, not a one-

way promise from only one side to the other.

Here, if your fiance is not living in the property, and the landlord knew it (which he will

probably deny), then your finace is getting

nothing from the deal. Therefore, the lease is

not enforceable with respect to your fiance.

However, it is possible for the "consideration"

(two way street) to be that your fiance wants

the landlord to extend credit to the tenants.

So the promise CAN be BINDING if the purpose is

to help the tenants move in.

Trouble is... The tenants had ALREADY moved in.

The landlord had already agreed. Therefore, it

cannot be said that your fiance signed and made

a promise to allow the tenants to rent the

property. They were already renting the property.

It could also be said that your finance signed

to promise to pay to stop an eviction. However,

for a month to month lease, ASSUMING they paid

the full amount due up until then, they could

NOT be in default after only 3 weeks. So the

landlord had no legal right to evict the tenants.

THerefore, again, your fiance's promise and

signature means nothing because it was not in

exchange for anything.

Trouble is, you would have to either wait to be

sued and then win in court, or else possibly

file a "declaratory judgment" action to ask the

court to determine whether or not your fiance

actually has any responsibility under the lease.

That would take a long time in court.

As to your other questions, people can enter into

any agreement they want. So if someone presents

you with a contract, surprise or not, the law

will allow you to sign it. You are supposed to

say no until you are sure it is the right thing

to do.

Obviously, however, a landlord cannot demand

rent BEFORE it is due.

One question is whether the landlord rents

10 or more residences so as to be covered by

the Virginia Landlord Tenant Act.