Legal Question in Landlord & Tenant Law in Virginia

Terminating a lease

I have lived in the same apartment for 1year and 3 months. When i renewed my lease i chose the 6 month lease option on my application because i knew if i got into college this fall i would probably be moving in august. So i am getting all my college plans schedualed and i call to see what the fee will be to break the lease. I have always known it to be one months rent due at departure.The property manager said 'no, there is no fee your just responsible for rent up unitil march unless we find someone else to rent it. I was like hold up, 7? No it should be 1 b/c i only signed a 6 month lease---she said 'we dont have six month leases' so i asked for a copy of my recertification and she said 'we dont give out copies of that but if it said 6 months it was for one of our other properties' this is ridiculous--as far as i'm concerned if its on the application then they need to own up to it----b/c if they would have told me they only do 1 year leases i would have found somewhere else to live or done month to month. Isnt there any type of clause about going to school or moving due to a transfer with your job. I know the people at my complex wont even try to rent it out if i am responsible for paying for it anyway. . Please help!!


Asked on 6/04/03, 5:19 pm

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

Re: Terminating a lease

Six month leases rarely make any sense, so you should've renewed only on a month to month basis.

And, of course, you never, ever, allow your signed lease to be taken away without your having a copy of what you signed.

Now that we're past the should'ves and could'ves, your best bet is to send a certified letter to the

property manger(copy to her supervisor, whoever that is)recounting the terms of your renewed lease as you remember them and formally demanding a copy of this document, putting them on notice that you will only be responsible for this lease

and its terms as you have recounted them until you see either the signed original or valid copy indicating otherwise. Put your copy of this letter in a safe place in case they decide to take you to court.

Then be prepared to take responsibilty for whatever months remain under the six month lease

which will be due and owing on your part, unless the property manager somehow manages to relet the unit and mitigate your damages.(Incidentally, your idea that you can break a lease and only owe for one month is flat wrong and furthermore, only members of the military on active duty who receive orders changing their duty station more than 35 miles from their residence are allowed to break their leases with impunity. The same does not apply, unfortunately, to mere students like yourself or to people who simply want to move and want an early out on the lease.)

Read more
Answered on 6/04/03, 6:48 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Virginia