Legal Question in Real Estate Law in Virginia

Move procedures due to mandatory job transfer

I had to break my lease due to a mandatory government job transfer of more than 50 miles to a new duty location. My apartment complex is now trying to charge me for two months rent after I moved out after I moved out. I had forfeited my security deposit and paid for all cleaning charges assessed to the apartment. I had been told on several occasions even after I moved out that my apartment was rented. If the lease states that when the apartment is rented out I would no longer be responsible for the rent for those months do I have a legal responsiblity to pay for months in which I was not living there if I gave proper notice and was told that the apartment was rented?


Asked on 6/19/02, 11:32 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Move procedures due to mandatory job transfer

If you break the lease before the natural term is up, you will usually be responsible for paying for those months during which the apartment is vacant due to your early termination.(It matters

not what you were told regarding this vacancy but what actually occurred.)

The landlord is required to mitigate damages by making all resaonable efforts to secure a new

tenant as soon as possible for the vacated unit.

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Answered on 6/20/02, 9:51 am


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