Q: Can a landlord refuse my assigning my lease to a qualified person?
I've been having problems with roof leaks and black mold issues for the past 6 months. The landlord was slow to fix one of the leaks after initially denying there was a leak (he just initially painted over the leak and then it came back a couple of weeks later) and is doing an inadequate temporary fix to another leak. Can he refuse my assigning the lease to qualified person? What is the process for seeking approval for an assignment of a residential lease? Are there other remedies for my terminating the lease early without penalties?
A: Generally in Virginia, the assignment or sublease of the lease is subjective and based on the terms of the lease. Most leases contain a provision that states the tenant may assign or sublease the premises, and the landlord shall not unreasonably withhold his/her consent of said assignment or sublease. The question then becomes what is unreasonable. This is a question of fact in the eyes of the law. If you think the landlord is acting unreasonably, you can bring a lawsuit in court with that claim but you have the burden of proof to persuade the judge that the landlord was acting unreasonably.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
