Legal Question in Real Estate Law in Virginia

Re: Roommate - Lease breakage - Needs Advice

The fact that your friend has your copy of the lease agreement in his possession is largely irrelevant. First, typically, the landlord has the original and, second, if the landlord is willing to take your friend's name off of the lease, there is not a whole lot your friend can do about it.

Your friend is absolutely obligated to pay half of August rent. In fact, depending on the particulars of the agreement between the two of you, he may be obligated to pay half of the rent up until the termination date of the lease. There are a couple of caveats though: First, the lease probably provides that the obligation to pay rent is what is called joint and several, that means that the fact that your friend does not pay his half does not mean that the landlord does not have to be paid in full. Rather, you would have to pay the landlord in full and it would be up to you to recover half from your friend. Failure to pay the landlord in full would allow the landlord to sue either or both of you. Second, if the written lease is for a period of more than one year, any oral agreement between you and your friend that each of you would pay half of the rent may be unenforceable because of something called the statute of frauds that, among other things, requires that contracts to last for a duration of over a year must be in writing to be enforceable.

You are under no obligation to refund any portion of the security deposit. The security deposit was given to the landlord not to you. If your friend wants his portion back, that is a matter between him and the landlord.

You should consult with an attorney in your area who can advise you after hearing all of the particular facts of your matter.

Robert H. Smallenberg

Robert H. Smallenberg, P.C.

7 S Adams St

Richmond VA 23220-5601

(804) 788-1956