Legal Question in Landlord & Tenant Law in Virginia

My tenant in a commercial space wants to terminate her 3 yr lease after 1 yr. There are no issues with the space, was newly renovated & new HVAC installed 2 months prior to her renting. She has an art store which she sporadically opens... and since the business is not doing well (is more work than she thought) wants to close down. If we sue for full payment on the remainig lease can we re-rent the space to another tenant--or would it have to sit vacant until the end of her lease (2yrs)? Or can we hold her responsible for the rent (which has an increase built in) until a new tenant has moved in?


Asked on 9/22/11, 8:59 am

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

Before you sue this tenant, you will need to demonstrate that you've made

(and continue to make) reasonable efforts to mitigate your damages by releting this space to a new commercial tenant.

And, yes, you can sue for full payment without waiting for the currrent lease to expire in two years, but if you 're able to find this new tenant, don't expect to be awarded all the damages which you're seeking.

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Answered on 9/22/11, 10:06 am


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