Legal Question in Landlord & Tenant Law in Virginia
Tenant renting out room of property
We have a contract with a tenant in another part of state and have just found out that the tenant is renting out rooms of the house to other people who are not on the lease. We have a statement in the lease stating ''Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guest of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use.'' Doesn't renting out rooms tolerate the lease agreement and if so, can we (Landlord) terminate the lease?
1 Answer from Attorneys
Re: Tenant renting out room of property
Yes, if in fact your tenant is subleting rooms to
other tenants in clear violation of the terms of the lease, this would constitute a material breach of the lease agreement and justify your action of recision or cancellation of the lease agreement.
A cautionary note should be added, however, that you must be careful to properly verify that this alleged breach has actually occurred before taking any action to cancel the lease. And you
may, also, wish to give the tenant an opportunity to cure(correct) his violative behavior before
initiating cancellation.
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