Early termination of lease (Landlord/Tenant act in Virginia) (apartment, rental)

[m3isffej]

Hi everyone.

I signed a lease at one of the residential communities (Camden) earlier this year, but I had to break the lease early because I bought a house. The lease document states that the penalty for early termination would be two months worth of rent which is fine since I'm breaking the contract early and they may have the apartment vacant for a month or two.

But a week ago I learned that they already found a new tenant who would be moving in two weeks after I move out.

Can landlords (or "corporations") double-dip? Can they collect the fee and charge rent to the new tenant? Is there any language in the Virginia law that prohibits this?

Thanks in advance!

[HokieFan]

I'm pretty certain it is illegal for a LL to "double dip" on rent payments.

However, you are being charged a fee equal to the amount of two month's rent. So the LL is technically not double dipping. You're not paying rent for those two months, you're paying a termination fee.

[LuvVA]

Are you sure they are double dipping?

Last time, when I signed a lease with an apartment, I was told if they were able to rent, then i won't be charged.

[boyd888]

If this were a situation in which you were month to month and required to give say 60 days notice and you turned in the keys and moved out early and they found someone to move in before the 60 days were up, then they would be required to refund you since they'd be double dipping.

In your case I agree with Hokie that the two month's rent is a fee, not rent, so you won't be getting it back. However, I would still ask Camden as you have nothing to lose. Even if they so no I would ask for a compromise of only one month's rent since they won't be losing money on you and you are leaving because you bought a house. Perhaps the good publicity is worth not profiting off a lease termination fee of someone buying a home.

[m3isffej]

Originally Posted by HokieFan

I'm pretty certain it is illegal for a LL to "double dip" on rent payments.

However, you are being charged a fee equal to the amount of two month's rent. So the LL is technically not double dipping. You're not paying rent for those two months, you're paying a termination fee.

Good point.

[m3isffej]

Originally Posted by boyd888

If this were a situation in which you were month to month and required to give say 60 days notice and you turned in the keys and moved out early and they found someone to move in before the 60 days were up, then they would be required to refund you since they'd be double dipping.

In your case I agree with Hokie that the two month's rent is a fee, not rent, so you won't be getting it back. However, I would still ask Camden as you have nothing to lose. Even if they so no I would ask for a compromise of only one month's rent since they won't be losing money on you and you are leaving because you bought a house. Perhaps the good publicity is worth not profiting off a lease termination fee of someone buying a home.

I wasn't on month-to-month, but I did submit my 60 day notice a month ago.

Since it's a "fee", I guess they are not double-dipping; but I was more curious to know if Virginia had a specific law stating that landlords cannot charge two months worth of rent as a fee if they find new tenants within a certain time frame.

[robbobobbo]

Originally Posted by m3isffej

The lease document states that the penalty for early termination would be two months worth of rent

Is it actually stated as a fee?

My lease (I'm a landlord) states that breaking the lease makes the tenant liable for the full amount of rent for the rent term, not just 2 months. That is allowed in Virginia law, with the provision that I can only charge for unoccupied time and not "double dip" once I get a new tenant.

"Actual damages for breach of the rental agreement may include a claim for such rent as would have accrued until the expiration of the term thereof or until a tenancy pursuant to a new rental agreement commences, whichever first occurs."

https://leg1.state.va.us/cgi-bin/leg...+cod+55-248.35

[gomason]

I'm sure Camden knows the law inside out of all people but I suppose you could ask.

[m3isffej]

Originally Posted by robbobobbo

Is it actually stated as a fee?

My lease (I'm a landlord) states that breaking the lease makes the tenant liable for the full amount of rent for the rent term, not just 2 months. That is allowed in Virginia law, with the provision that I can only charge for unoccupied time and not "double dip" once I get a new tenant.

"Actual damages for breach of the rental agreement may include a claim for such rent as would have accrued until the expiration of the term thereof or until a tenancy pursuant to a new rental agreement commences, whichever first occurs."

https://leg1.state.va.us/cgi-bin/leg...+cod+55-248.35

Yeah, it's stated as a "fee".