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  1. #1
    Join Date
    Jul 2017
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    8

    Default Negotiating the Early Termination of a Lease

    My question involves landlord-tenant law in the State of: Virginia.
    May 15--I provided notice of intent to vacate and break lease provided, roughly 45 days ahead of June 30 date. So, I did not provide 60 days as requested. Nonetheless, the end date was accepted by all parties and no further information on repercussions were communicated to us, the tenants.
    Before and after this point, we were told by a property management rep that a one month penalty was applicable. In the conversation my wife, at the end of May, the rep also reiterated that the owners were selling the home and a one month penalty was in play. We took it for granted that this was correct, and acted upon this information, in executing our move out. The owners had been interested in selling for months and even offered us the house.
    June 22--the proposed lease termination agreement included the two month penalty and other already agreed upon language. I was completely fine with the proposed agreement, the owners had already signed said agreement, and I only asked for clarification about the two month penalty. During the next week, I had several exchanges about the 2 month penalty with property management because I was confused about the delay in response about what appeared to be a straightforward matter.
    June 29--the new lease termination agreement arrives with an email informing us that the owners no longer wish to sell the home and the two month penalty remains in the agreement with no clarification. They then placed the house on the rental market approximately nine days later (July 8) but for a six month lease. This makes the house extremely difficult to rent considering it is a 3000 sq ft home that appeals to families. I am not sure what family would move in and then out in midwinter.

    It appears to me that the key issue now is not the two month penalty but (1) the botched communication about the one month penalty and (2) the landlord's duty to mitigate. Regarding the first, should I ask the property management company to pay for the month of August in light of their faulty communication about the one month penalty? Regarding the latter, the owners via the property management rep had communicated a desire to sell the house, only to wait until later on in the summer to seek a renter and do so under a criterion that makes it extremely hard to do so.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Breach and Vacate: What Should I Do

    If you have a written lease that states there is a 2 month penalty, that is what is enforceable.

  3. #3
    Join Date
    Jul 2017
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    8

    Default Re: Breach and Vacate: What Should I Do

    Quote Quoting jk
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    If you have a written lease that states there is a 2 month penalty, that is what is enforceable.
    The written lease, on page 19, states that early termination entails a one month penalty to cover costs of finding new renter. That is why I repeatedly asked for clarification, assuming that it had something to do with 60 day notice. But that connection, which I suggested, was cited as an "influence" well after my repeated requests and after they had changed their mind from sell to rent.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Breach and Vacate: What Should I Do

    Did you sign this termination agreement that provides for the 2 month penalty? If so it would be considered addendum to your lease and enforceable. If not the terms of your original lease are in effect.

    The issue i see is that you did not conform to the original lease yourself. You did not provide 60 days notice as required. Is that addressed in any way in the original lease?

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Breach and Vacate: What Should I Do

    If a lease requires 60 days notice, but 45 days notice is clearly accepted by the landlord or the clause is mooted by a new agreement that specifically relates to the termination of the lease, then the 15 day difference should no longer be an issue. If neither has occurred, then most likely the effect is that the tenant's duties continue for the full 60 days even if the tenant vacates after 45 days.

    But we have to do some guessing, and even educated guesswork carries risk of error. When addressing the terms of a contract, including a lease, it is necessary to read the contract.

  6. #6
    Join Date
    Jul 2017
    Posts
    8

    Default Re: Breach and Vacate: What Should I Do

    Quote Quoting Mr. Knowitall
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    If a lease requires 60 days notice, but 45 days notice is clearly accepted by the landlord or the clause is mooted by a new agreement that specifically relates to the termination of the lease, then the 15 day difference should no longer be an issue. If neither has occurred, then most likely the effect is that the tenant's duties continue for the full 60 days even if the tenant vacates after 45 days.

    But we have to do some guessing, and even educated guesswork carries risk of error. When addressing the terms of a contract, including a lease, it is necessary to read the contract.
    The contract is quite dense in that area (2 clauses) and that is why it was not specifically cited by the owners or property management company as a basis for the two month penalty until I kept asking and they only mentioned that the 60 day was an "influence."'

    The owners signed the originally proposed termination agreement and I was about to but simply asked for clarification on the two month penalty. I got a response a week later with another lease termination agreement that stated that they were not going to rent the house after all but were going to rent it out, placing me responsible for rent, of course, until it is filled. I would not have agreed on moving out when I did if I knew it would be two month penalty and the house would be up for rent on the back end of the summer. The owners offered to sell us the house on several occasions. This huge about-face caught us off-guard. Would you consider any of this to undermine the duty to mitigate, especially when they put a 3000 sq ft family house on rental market for 6 month lease?

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