Washington, DC asked in Landlord - Tenant for Virginia

Q: Do we have to pay until the new tenant moves in?

Our 12 month lease expires tomorrow, but requires 60 days of notice to terminate or goes month-to-month. We found a new place and gave notice to our current landlord on 5/26 that we were leaving. We acknowledged that it was not 60 days and asked if there was anything we could do to shorten that window. Our landlord said (in writing) that if she was able to rent it before the end of July that she would waive the 60 day notice stipulation. Well, she has rented the unit with a lease starting on 7/23, but now she's asking us to pay prorated rent until 7/22. Do we have any leg to stand on to get out of paying it or is she within her rights to collect the prorated rent? Isn't there turn over time that should be factored in at least?

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

A: Given your reported facts that you gave written 60 day notice on 5/26/2021 that you would vacate the premises within 60 days and that the premises was vacated by you sometime after 5/26/2021, and the landlord re-let the premises to begin on 7/23/2021, the landlord has, by his/her conduct, has conceded to your vacating the premises and re-letting the premises to re-enter and re-take possession of the premises. For the landlord to demand additional rent, if that is the issue, would be unjust enrichment, which is prohibited in Virginia.

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