Legal Question in Real Estate Law in Virginia

Lease broken with apartment consent. Now they want money.

My wife and I have been living in an apartment complex for nearly three years. This January, we found a townhouse to buy. Our lease was not due until March. However, upon contacting the apartment complex, they informed us (over the phone) that we could leave at ''any time'' without breaking the lease because the type of apartment we lived in (2 bedroom with loft) was in high demand. We faxed over a form to them informing them of our intent to leave, which they accepted. At no time did they make any indication to us that this would constitute breaking the lease.

We didn't hear from them after we moved out. We cleaned up, made repairs and left the apartment in good shape. I called to ask the apartment complex to verify that all was in order. They told me they would call back, but they never did.

One month later, we received an invoice from them detailing charges totalling over $1200 for breaking the lease. Within those charges, they had our rent incorrectly listed (as $860/mo instead of the $830/mo we had been paying) and also listed a garbage fee ($10/month) that we had never paid previously.

My question then is are we liable for the $1200?


Asked on 2/25/01, 11:20 am

1 Answer from Attorneys
Glenn R. Tankersley Regency Legal Clinic

Re: Lease broken with apartment consent. Now they want money.

It's hard to say without reading the lease. These cases depend almost exclusively upon the language in the leases.

Unfortunately, as you no doubt guessed, these leases are written by the landlord's lawyer.

A written lease can be modified orally in Virginia but only if the modification is supported by consideration, i.e., a quid pro quo. In other words, if you got some benefit from the modification of the lease, for the modification of the terms of the lease to be effective, the landlord must also have received some benefit.

That is what supports any contract or modification of any contract-consideration. Quid pro quo. This for that.

I can't know for sure without reading your lease and knowing a lot more about the facts, but at this stage, it doesn't look good for you. You should definitely consult a lawyer before paying it, however.

Read more
Answered on 4/24/01, 2:02 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia