Legal Question in Landlord & Tenant Law in Virginia

I rented an apartment with a roommate. We both signed a year lease. Six days before the start of the lease, she makes up a story about a family emergency and goes to the rental office and gets her money back for the first months rent. She then decides that she does not want to move into the apartment. I told her that when she turns in her written notice to the rental office that all she would have to do is pay her half of the first months rent and that everything would be fine. She refused to pay and even refused to turn in written notice. Being that it is only six days before the rent is due in full, I have had to pick up a third job to cover her part of the rent. Being that I have school and two jobs now, I do not have any time to interview for roommates. I did however post flyers and online ads, but being that is it a one bedroom most people tend to want to know who they are going to live in such a close proximity with so I rarely if ever get any serious applicants. To make matters worse, the defaulting roommate says that she'd willing to pay, but she wants to wait for a court to tell her to do so, so this all boils to a childish inconvenience which is now interrupting my college classes. I let her know that if she would just pay her half of the first month's rent that it could give me time to find someone to replace her, but she refused so I have to pick up another job and now barely have time to make it to my classes. We are both Lessees and both signed this lease and agreed to pay the sum on 9,600 for the year. Can I sue her for her half of the 9,600, being that she isn't even willing to turn in notice and I cannot find someone to replace her because I barely have time to get any sleep now? Will I need an attorney? Her father is a lawyer so I'm pretty sure I might want one just to cover bases, but is it adviseable? Also, in the lease there is a severability clause, but not a liability clause.

Asked on 7/27/10, 3:40 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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No, you will not be able to sue her for her half of the $9600 until it is

actually due and owing to you , i.e., when you've actually paid in her behalf whatever you're her suing for. (Lawsuits may not be grounded on damage

claims that are based upon what might be owed or come due in the future.)

Also, since your damage claim would appear to be no more than $5K, your suit

should be filable in small cliams court where lawyers are not permitted to

represent clients.

Answered on 8/01/10, 8:39 pm

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