A commercial landlord in Virginia was unable to meet the requirements of a lease agreement with a tenant. Specifically, the lease called for the landlord to do a build-out with a hood system for a commercial kitchen, but was unable to install the hood. The landlord sent the tenant a termination agreement, but the tenant has not signed the agreement.
The tenant has learned that the landlord has leased the premises to another tenant, even though there remains in effect the lease with the original tenant. The new tenant is going to take advantage of the build-out that the landlord had already completed, meaning that the new tenant will get the advantage of the interior and kitchen layout as created by the original tenant. Can the landlord rent to a new tenant without being released by the original tenant?

