Interpreting an Early Lease Termiantion Clause

[Kyriet]

My question involves landlord-tenant law in the State of: VA

I am the landlord, and my tenant moved in last year. The lease agreement was signed on early March, 2011, and the official lease term began later on the same month. Since the term would end at the end of March, 2012, the tenant wanted to extend his lease this year, so we signed the lease extension agreement on January, 2012, accordingly. The new lease term would begin on April, 2012, and end on June, 2013, as the new agreement states (15 months).

Now, my tenant just gave me a notice that he is ordered to transfer by his employer and has to leave the country in 2 months. So early termination due to transfer, but not military one. I understood. The agreement says I am to receive the final rent plus full one-month rent if the tenant has completed less than 6-month of tenancy as of the termination date. I thought that a new tenancy began when the new lease term began in the extension agreement.

However, my tenant claims that he has completed more than 6-month of tenancy because the beginning date of tenancy is still March 2011, the date he first moved in, not the date the new term began, i.e. 15 months of tenancy (March 2011 - June 2012). Therefore, he only needs to pay half of one-month rent, according to his interpretation of the agreement.

The problem is... the new agreement does not define the tenancy time. We just added few lines about the new monthly rent and changed the dates of the lease term. We kept the rest the same as the original lease agreement, in which the words "lease term" and "tenancy" were interchangeable. I think the new lease term means the new tenancy, but my tenant thinks the tenancy still begins on the day he moved in, by definition. Now, I am afraid if he is actually right.

If the agreement does not define a new tenancy with the lease term renewal, am I wrong to calculate the tenancy time from the date the new term began?

[jk]

new lease, new rules. Prior time is not applicable to the new lease unless it is specifically stated so.

[Kyriet]

Thank you so much for ensuring. Could you provide me any document that supports my case? I really like to make solid that my claim is the right one...

[jk]

Sorry but I cannot. About the only thing I can offer is on basis of contract law, the entirety of the contract is what is written on the page(s) of the contract. If there is no reference to prior time counting as tenancy, it doesn't, at least for the terms of the new lease. It is a unique contract and unless specifically stated that some other fact is considered in this contract, it isn't.

However, my tenant claims that he has completed more than 6-month of tenancy because the beginning date of tenancy is still March 2011, the date he first moved in,

in one sense he is correct. If asked by an employer or the police how long he as lived at that address, he would state since Mar 2011. He is confusing his residency with the tenancy referred to in the new lease. The tenancy in regards to the new lease cannot start until the tenancy under the prior lease expired...again, unless specifically written as such.

[Kyriet]

Excellent! I think that could be a great argument. It makes perfect sense, and there is a little room for him to refute, I think. If he still doesn't comply... well then, I have no choice but to look for a lawyer to back me up, haha. Anyhow, great advice!! Thank you very much.

[jk]

rather than involving a lawyer, think about this; how much would you lose if you use his interpretation? Unless it is a lot more than what a lawyer would cost you, it would be more practical to just accept the loss. Also remember he is going overseas. How do you plan on collecting from him while he is overseas?

Think of this in a practical sense as well as the legal aspect.

[Kyriet]

Right, I meant it more like a saying since I am not planning to pay any extra penny unless really necessary. And I am not planning to lose this game, either. I would look for a free counseling (with someone like a lawyer) if things don't go well, and talk with my/his realtor. We still have 2 months to settle this down. Oh, you are so kind... thank you again for warm regards.