
Quoting
jbmed
We are wondering if it would be possible to break our lease without having to forfeit our security deposit given that (1) we are still more than 90 days out from moving in, (2) there are tenants currently contracted to live in the unit all the way until the start of our lease (leaving plenty of time to re-rent).
Perhaps.
ARTICLE 6. LANDLORD AND TENANT.
§37-6-6. Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice.
(a) If any tenant from whom rent is in arrears and unpaid abandons the leased property, the landlord or his or her agent shall post a notice in writing in a conspicuous part of the property, requiring the tenant to pay the rent within one month. If the rent is not paid within that time, the landlord shall be entitled to possession of the property, and may enter thereon, and the right of the tenant to the leased property shall end. The landlord may recover the rent owed up to the time when he or she became entitled to possession.
ARTICLE 6. LANDLORD AND TENANT.
§37-6-7. Reletting by landlord.
The landlord, or other person entitled to the rent may, however, at his election, incorporate, in the notice provided for in the preceding section, the further notice that he will, after he shall have taken possession of the demised premises, lease the premises to some other person, in which case the tenant will still remain liable upon his lease, for the unexpired portion of his term, for the difference between the amount of rent received by the landlord from the new tenant, and the amount payable under the lease of the original tenant, and upon any other covenants or agreements contained in the original lease.
http://law.justia.com/codes/west-vir...er37/article6/
That tells me that you might get your deposit back but you will probably have to wait at least 3 months or until it's rerented after the current tenants move out.
Unfortunately for you, it also tells me that the landlord has no obligation to rerent that unit after the current tenants move out and he can leave it empty and hold you responsible for the entire lease, sue you for it, and probably win.
You picked the wrong state to renege in. Most other states require the landlord to mitigate his damages by rerenting as soon as reasonably possible. WV apparently does not.