Virginia Beach, VA asked in Landlord - Tenant for Virginia

Q: I am active duty military retiring 31AUG with a lease until 31JUL . Can I end my lease a month early on 01JUL17? Thanks!

I'm currently under a rental lease extension through 31JUL17. However I will retire effective 31AUG17 after 20 years of service and will move back to WA state end of June. I will have military orders releasing me from active duty.

I just wanted to know if I can terminate my lease a month early on 30JUN17 without incurring any penalties. Thank you!

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1 Lawyer Answer
Brian Lehman
Brian Lehman

A: You can always commit an efficient breach, which is voluntary breach of contract and payment of damages by a party who concludes that they would incur greater economic loss by performing under the contract.

In the context of a rental, you give notice to your landlord that you want to move out and then you find a reasonable replacement for the lease. You are responsible for any difference in the rent over the lease's period, which may be nothing. In many jurisdictions, once you give notice the landlord has the duty to search for someone also but I recommend you help out as well. You should contact the landlord soon and explain what you would like to do.

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