Lorton, VA asked in Landlord - Tenant for Virginia

Q: Am I responsible for paying rent until a new tenant takes occupancy?

When I requested to terminate my lease early, my property manager emailed me stating "The landlord has agreed to release you from your lease upon the following conditions.

1. *60 day notice, and provided at the time of said notice there is not a rental waiting list at the apartment complex

2. We find an acceptable tenant

3. Liquidated damages to the landlord equal to 1 months rent

4. All other terms of the current lease are complied with. "

I agreed to the conditions above and gave a 60 day notice in April. However, now my property manager is saying she found an acceptable tenant but she can't take occupancy until August 1, therefore I am responsible for the July rent and leaving the utilities on.

The new tenant's occupancy wasn't a condition in the landlord's agreement, and the property manager refuses to provide the landlord's contact information. Am I legally responsible for paying July's rent?

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: If you requested and received those conditions in writing and then your landlord signed a written release at the time the conditions were fulfilled, you have a novation to prove that your were released from further rent. If you do not have a signed agreement and a signed release, you may have the burden of proof in Court that there was an agreement as you stated.

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