Legal Question in Landlord & Tenant Law in Virginia

Lease Default

I have a prospective tenant who signed a lease on April 29, 2004 and paid

half of the security deposit. On May 24 she called and told me she would not

be taking the apartment. I told her she signed a legal document and she is

responsible for the rent until the unit is re-rented. She told me the lease she

signed is not legal until move in which is on June 1, 2004. She is also

demanding I give her back the deposit she paid when signing the lease.

She also wants my copy of the lease (she has her copy) and also the

application she filled out when applying for the apartment. Do I need to give

back the security deposit? Is she not liable for the rent until it is re-rented?


Asked on 5/26/04, 8:17 pm

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

Re: Lease Default

Unless there was a provision in the lease which afforded your reluctant tenant a grace period to back out of her contract, i.e., until she moved in

and took possession of the premises, the lease agreement is considered binding once it has been signed by the landlord and the tenant and a copy delivered into the possession of the tenant.

However, you as landlord should bear in mind that

your reluctant tenant is not yet in breach of the agreement since her day when she is designated to perform her oibligations under the contract has not yet arrived which, of course, is June 1 2004.

Nevertheless, if the above date comes and goes without the required performance(s)on her part, you then will bew able to find her in default and proceed with the enforcement remedies permitted to you which are written into the agreement and which, presumably, would include your retaining the security deposit and crediting it to whatever rent(s) are due.

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Answered on 5/27/04, 7:30 pm


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