Legal Question in Real Estate Law in Virginia
Didn't sign lease. Do I owe if I move out?
A tenant under a 1 year lease moved out 3 months early, but paid rent for 2 out of the 3 months left. I moved in during the last 2 months of her lease and via email agreed to pay rent and the deposit to the tenant that moved out until her lease was up under a proposed payment schedule. After one week of moving in, I found a better place and realized this wasn't going to work out, so I decided to move out. I did not sign anything and the other roommates do not own the place. They all pay a property management company for the rent. I told them I could only pay for the time I lived there and I'd pay to place an ad for 4 weeks to replace me. The girl who has broken her lease is now threatening to take me to small claims court (over $400 rent) and says I gave her a verbal agreement and has it in email. I never actually spoke to the girl; only via email.
Am I responsible for paying rent to the roommate who is still on the lease and legally owes the property management the rent?
1 Answer from Attorneys
Re: Didn't sign lease. Do I owe if I move out?
If your subletor actually files a claim with SCC and is able to convince a judge by a preponderance of the evidence that you and she had a valid contract as evidenced by the email, which you failed to perform as had been agreed upon, then the court could enter a judgment in her favor and against you for the amount which the court reasonably believes that you have defaulted on.
It may be, however, that your sublease from her was actually prohibited under the primary lease to which she was a party, and, if so, she would not be able to enforce her claim against you.
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