Legal Question in Real Estate Law in Virginia
Breaking Lease
I entered into an lease agreement with my girlfriend for one year last July. We are no longer together and we both signed a paper stating we were moving out at the end of January, 2000 (ie breaking the lease). I just graduated and am having a harder time finding employment than expected. Therefore, I no longer want or plan to move out. I can't find a place without a permanent job if I wanted to. My girlfriend is already gone. Question: If rents have been paid on time in full and there have been no complaints, etc...can I be forced to leave? Note: Our first apartment here was canceled after we had signed, been approved etc...because the tenant decided he was going to stay another month. We were told then there was nothing they (the management company) could do to force them to leave. Now, they are telling me I have to leave. Thanks.
1 Answer from Attorneys
Re: Breaking Lease
The missing factor in your message is whether or not management accepted the paper stating you were moving out Janaury 2001 (at least I assume the reference to 2000 is just a typo). If the managment accepted the paper and is allowing the termination of the lease and you stay past the move out date, you are what is known as a "holdover tenant" and they may have judicial remedies to remove you from possession of the apartment.
If the managment company did not accept the termination paper then you can probably stay until the end of the lease. In fact, management is under no obligation to accept an early termination except in few narrow circumstances and could hold you to the term of the lease or at least until a new tenant is found. It occurs to me that the best course of action as soon as you find a job might be to see if management will enter into a new lease with you alone. I can't imagine why they would not agree to this if rent has always been timely paid.
Robert H. Smallenberg
(804) 788-1956
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