Glen Allen, VA asked in Landlord - Tenant for Virginia

Q: I have rented 2 apartments and started doing Airbnb on them. Lease doesn't allow sublease. Penalty?

As the title. They want me to vacate in 2 months and pay a penalty fee. I didn't want to vacate, so they are forcing me to vacate and they are asking one month's rent as penalty. I don't want to pay that. Because I will end up paying 2 months rent already and they are the ones who have initiated the early vacation. It's in the lease that I need to give 60 days notice and pay 1 month penalty.

I tried talking to the office but they told me they don't want to negotiate. This is a large Property Manager. What can happen if I don't pay the penalty but pay the rent?

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1 Lawyer Answer

A: Typically, when a renter violates a lease that doesn't allow subleasing by using the premises as an Airbnb, the landlord simply requires the tenant to pay any money earned by the tenant via Airbnb. Unless the lease allows them to charge one month's rent as a penalty, I would just give them the money you received via Airbnb and call it a day.

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