Alexandria, VA asked in Landlord - Tenant for Virginia

Q: Is it legal for my landlords to break my lease? Even though I've paid on time and kept good care of my rental.

We have lived here for 2 years and 4 months we have a year lease ending in February. We have had many issues with our rental including us finding out we have no drain field. I have stressed my issues and it is illegal to not have one in Va. So my landlord just told us today he wants us out come July or August for the drain field to be built since it will take two months. Can they break our lease like this so short notice? Do they owe us the rest of rent till February. It's almost the end of June and I'm freaking out we have always paid on time been great tenants. There is no exit clause for our landlord to get out of our lease.

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: It depends on what the lease provides. Generally, residential leases provide that either the landlord or the tenant may give the other a 60 day notice to terminate the lease. If this provision is stated in your lease, it sounds like the landlord has the right to terminate the lease if the landlord gave you a written 60 day notice.

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and sit down with an experienced attorney in your area – there is a ‘search’ feature that can help you. I will comment that if your lease has an end date of February with no 'early termination' provision then the landlord may have to make sure you have housing for the rent you agreed to pay the landlord. You're both in a difficult situation and negotiation/compromise will be needed on both sides.

1 user found this answer helpful

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