Legal Question in Real Estate Law in Virginia

My wife and I signed a year lease with an apartment complex. We have paid up through the 11th month, but purchased a home during this 11th month. We have a good relationship with the management of the property and told them of our recent home purchase. They told us that our apartment (first floor, two bed) would be in demand and that they always had people wanting to rent. We began our move from the apartment around the middle of the 11th month and planned to take the remainder of our property out by the end. The management called us and said that if we would get completely out and turn in our keys by the 19th, they would waive the early lease termination fee and would prorate our rent for the 11th month and we would be free of the 12th month rent. So we rushed and got out, and cleaned up and turned in our keys on the 19th. Well, now they tell us that the deal with the new tenants for our apartment fell through. Since they still have not found anyone for the 12th month, they want us to pay for that month.

Question: Was there a legal verbal contract created by the management that would release us from the 12th month rent? My thoughts are that they rushed us out and they got the keys (to the benefit of both of us if it worked), but now they are making their problem, my problem. I don't feel as if I owe for the 12th month since I left early upon their request.


Asked on 11/04/09, 9:37 am

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

Yes, why, of course, I have no doubt that that there was a valid verbal agreement between you and your landlord. However, is it provable (by a preponderance of the evidence)? And, one condition of this alleged verbal contract that should've been certainly included but seems to have been overlooked, i.e., was that the contract would be valid and enforceable irrespective of whether a replacement renter was found for you or not.

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Answered on 11/09/09, 10:02 am


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