Legal Question in Landlord & Tenant Law in Virginia
Tenant leasing home in Prince William County, VA. 27 mos into a 36 mo agreement. Purchased new home moving out. Gave Landlord 60 days notice. Landlord had 2 renters wanted to rent for more than we were; however, landlord decided to list home for sale and not rent. landlord states we must pay rent until home sells or lease terminates? What about mitigation of damages or good faith?
thank you
1 Answer from Attorneys
If the lease itself does not address the issue of early termination, then the rule is that if you leave early without the landlord's approval, the landlord is still required to mitigate his damages(occasioned by your early departure) by endeavoring to relet the vacated unit to new renters. This rule of mitigation says nothing(as far as I am aware) of permitting the landlord to hold the vacated premises empty until he can sell it or until the lease of the departed tenants expires.