Q: Landlord has stated he has a right to set the terms for an early lease termination, including fees. Legal?
I am needing to break a 2 year lease early due to work transfer. Landlord is a single home renter. There are no early release clauses in the lease. Landlord is requiring an amendment contract be signed that has early termination fees attached. They state they cannot lease the home again, unless I sign this amendment. I have stated I would honor the original lease by paying rent until home is rented again and any fees incurred, upon presentation of recipes. They are stating they can set the terms of early termination and that if I do not sign, I will not be released from the lease and the property will not be marketed for rent. Is this legal? My understanding of Virginia law is that they must attempt to rent the home and I am liable for any rent until they are able to rent the home and any fees associated with the re-renting of the home. I have emails where they have told me they will not release me from the lease or remarket the home unless I sign the amendment.
A: The first question that must be asked is whether the residential lease is a Virginia Residential Landlord-Tenant Act ("VRLTA") lease or a common law lease. If it is a common law lease, VA Code Sec. 55-225.16 gives the victim of family abuse, sexual abuse or criminal sexual assault the right to terminate the lease early. Unless the lease provides a clause for early termination on a job transfer, there is no right given by law. Under the VRLTA lease, VA Code Sec. 55-248.21:1, there is a right to a military person if that person has a transfer of duty station. In addition, VA Code Ann. § 55-248.21:2 gives the victim of family abuse, sexual abuse, or criminal sexual assault the right to terminate a VRLTA lease early. The VRLTA does not give a right to early termination of the lease for a job transfer. Also, the Landlord cannot act unilaterally to set the terms of any amendments to the residential lease. Your obligations as the Tenant remain as embodied in the lease until the end of the lease term, unless agreed to otherwise and signed by both the Tenant and the Landlord. If you leave the Premises and do not pay rent, the Landlord can file an Unlawful Detainer against you for their damages. The Landlord may be obligated to mitigate their damages, but you will need to assert that as an affirmative defense before the Court. This sounds like a messy situation that confronts you.
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