Legal Question in Real Estate Law in Virginia

Landlord breaking rules of lease agreement

I had a 12 month lease, and fulfilled only 3 months of the it. The agreement did state if I moved before the contract was up, I would be responsible for paying the remainder of months to honor the contract, or until a new tenant moved in. Well, I left in December 2002. The management of the apartment claims they have not been able to rent it out since I left.

Well I did some investigating. I had a friend pretend to be apartment shopping. The management in question, did not even offer my former apartment to him. I suspect they do not intend to show it to anyone until I have paid out a full year.

My question is, is what I suspect they are doing legal? If not what measures can I take to recoup the money I have paid since I moved out and to cease payment from this point on?

Thank you


Asked on 5/22/03, 9:52 pm

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

Re: Landlord breaking rules of lease agreement

If your lease was covered by the Virginia Residential Landlord Tenant Act (VRLTA) you might consider filing a case in small claims

court asserting that under Title 55-248-35 the landlord has breached his duty to mitigate the damages caused by your early termination of the lease and that you seek to recover damages for those months for which you have evidence that the management breached this duty by not making sufficient efforts to relet the apartment.

You might, also, explore with the clerk of the civil division of the general district court, the

possibility of your asserting a rent escrow with the court into which you would deposit all future payments until the dispute has been resolved.

Read more
Answered on 5/23/03, 12:19 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia