Legal Question in Real Estate Law in Virginia
Breaking a lease
I entered into a 12 month lease which I only resided 4 months. My employer cut my hours down to 24 and could not sustain myself in the Arlington VA high cost of living area. On Sept 1 I submitted a lease required 60 day notice to vacate by November 1, 1999, stating I was leaving the State of Virginia because my hours were going to be reduced to 24 per week. I found full time employment in Florida in my career field. THe lease stated to break the lease you have to give a 60 notice and pay a 2 month penalty which equates to $2,110.00. I gave the proper 60 day and vacated on Oct 27, 1999 and new tenants moved in on November 15, 1999. I believe the apartment was empty for 15 days. Since I moved 1000 miles to gain full time employment in my career field am I liable for the 2 months penalty? The complex sent me a bill for about $2,100.00. Thank-you for your assistance.....
1 Answer from Attorneys
Cost of Breach of lease
Facts: Entered into yr. lease; resided 4 months; employer cut hours to 24 per week; could not afford; submitted lease required 60 day notice to vacate stating leaving the State because hours reduced; now full time employed in another state. lease required 60 notice to terminate and payment of 2 mos. rent. Gave proper notice but didn't pay add'l rent. New tenants moved in; apartment empty for 15 days. The complex sent me a bill.
Q. Since I moved to another state, am I liable for the 2 months rent?
A. Most likely you are liable. It cost the complex time and money to fix up and rent your unit. PENALTY clauses are not enforceable but liquidated damage clauses are. Collection would also be a problem as they would have to sue in Fla. or domesticate their judgment here. Offer something less than the full amount, they might take it in full satisfaction.
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