Virginia Beach, VA asked in Real Estate Law and Landlord - Tenant for Virginia

Q: Can a leasing company charge a lease break fee and still hold you to that lease?

My wife and I got accepted into nursing school and therefore have to move and break our one year lease for the condo we live in. Our rent is $1200 per month and the lease break fee was $1200. We gave a month and a half notice for when our place would be available by and was assured they would have no problem filling the condo. We are 8 days from that date and they still have not filled the spot. Since we paid a lease break fee, do we still have to abide by our lease. It is my understanding that we paid the $1200 to get out of our lease so we should not be held liable for it. We live in Virginia Beach and live in a very nice condo. We feel as though the company is not trying to fill our place since we are having to pay rent for each month it is not rented. Our lease was originally over in September and it is the end of June now. Leave email to see section in the lease.

1 Lawyer Answer
John Andrew Maghamez
John Andrew Maghamez
Answered
  • Richmond, VA
  • Licensed in Virginia

A: It all depends on what the contract says. You should speak with an attorney. Typically, the lease break fee is a replacement for them continuing to charge you for monthly rent, but it is hard to say without seeing the contract.

1 user found this answer helpful

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