Legal Question in Real Estate Law in Virginia

Release from previous lease agreement

We recently moved from a rental property and left before the lease expired. We knew we were liable for the remaining rent until the property had a new lease. The owners sold the home in March and have a new agreement in place. Our lease would not expire until May, but we haven't had to pay rent since the new lease is in place. I asked the landlord for a letter of release from the lease agreement and he was unsure that we needed this and would consult his attorney. Basically my question is, "Do we need a letter or statement releasing us from the lease?" Or does the new lease they have in place automatically release us? Thank you for your help.


Asked on 3/10/98, 9:04 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Release from lease

Technically, it depends. If the new lease pays the same rent (or more) as the old one, the only exposure you conceivably have is that you could be liable if the new tenant defaults before the expiration of your old lease. If it pays less, you could theoretically be liable for the difference. But it sounds like the LL has no intent to do that. A release couldn't hurt, but I wouldn't push too hard. The last thing you want is the LL discovering he has a claim he was unaware of upon consulting with his lawyer.

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Answered on 3/16/98, 9:24 am


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