Legal Question in Real Estate Law in Virginia

rental

My roommate assaulted me and abandoned the apartment. I have a new roommmate willing to come, but cannot get my co-tenet off the lease. Please advise.


Asked on 12/04/08, 3:56 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: rental

Unless your landlord allows for the substitution of the new for the old roommate, you'll very likely be stuck with paying the entire amount owed under your current lease.

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Answered on 12/04/08, 4:19 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: rental

Try looking at the lease itself. Your roommate's actions may have violated the lease. However, the landlord just wants his money. So the landlord does not want to lose his money.

Still, if you have a new roommate willing to take over the old roommate's place on the lease, the landlord MUST approve the substitution if the new roommate is at least as credit worthy and not objectionable. The landlord cannot unreasonably withhold consent for the substitution. Under your circumstances, it would be unreasaonble (and therfore unlwaful) for the landlord to withhold consnt to substitute a new tenant. You should be prepared to show that the new roommate is just as "good' or better than the previous roommate in terms of ability to pay the lease, well-behaved, etc.

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Answered on 12/04/08, 4:33 pm


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