Centreville, VA asked in Landlord - Tenant for Virginia

Q: How do I protect myself from a tenant that wants to break a lease early?

My tenant wants to break a year long lease early. I told her that she is legally obligated to pay the rent until we find someone to take over her lease, or pay a fee. She was unhappy about this and has not talked to me since. How do I protect myself if she refuses to pay and just leaves? I have one month's security deposit and her phone number, but I don't have a copy of her photo id.

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

A: If the tenant fails to pay the rent, you will need to give the tenant a written notice to pay or quit. If then the tenant does not pay the rent, you will be required to file an Unlawful Detainer in the General Distract Court where the premises is located and seek damages and the return of possession of the premises by court order. If you are awarded a judgment, then you can apply the security deposit to the monetary damages.

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.