Legal Question in Real Estate Law in Virginia

Permission to Sublease Apartment

What is the law to sublease in VA? I currently live in a townhome that my roommate purchased. I have signed a 6 month lease with him. (I'm not sure if he has to fill out any paperwork to become a landlord). The house is currently going through construction (lighting, painting, carpeting). He has indicated that the only usage of the house I can have is my room and bathroom. He has also indicated that he may rent out another room, and have the other person share my bathroom. I chose this apartment based on the fact that I had my own bathroom. The rent I was willing to pay reflected the fact that I would have my own bathroom. Lease does not state this. My roommate has also placed limitations on what I can use in the house. He does not want to provide access to anything in the house outside the room and bathroom that I have. He mentioned that he was being kind in allowing me to share the refrigerator with him. Nowhere in the contract does it state that my only usage is the room and bathroom. Do I have the authority to decorate and furnish any areas that I want? In any case, I am hoping to leave the townhome by subleasing or cancelling my contract. Is there any way this can be done?


Asked on 12/04/03, 7:59 pm

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

Re: Permission to Sublease Apartment

If your roommate purchased the townhome he is the owner and "master of the realm" so to speak and you have a residential lease (not a sublease) for a term of six months with your roommate as landlord.

You do not have the authority to decorate and furnish any areas of the home that you want(without the landlord's permission) and you may only sublease with the landlord's permission. Your right to cancel or prematurely

withdraw from the lease, also, can only be done with the landlord's permission,unless you don't mind him suing you for the balance of the rent owed under the six month lease.

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Answered on 12/04/03, 11:18 pm


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