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So I'd like to pose a question to the legal eagles out there in my instance. If this thing were to go to court, it would appear that I would owe my landlord $6,000 in rent, probably less since it appears I wouldn't be on the hook for full damages since she has to make some effort to mitigate them. Let's just say the judge comes down and says $5,000 is the total judgement for rent, damages, legal fees.
I'm a 25 year old with negative net assets, a car worth $1,600 (according to the county) and 176,000 miles and no real property. Based on what I've read, it appears one may put a lien on real and some personal property in order to satisfy my landlord's claim if I refuse to pay. The Arlington County court information goes on to say, however "If the person you obtain a judgment against has no assets, your judgment may be worthless."
So seeing as I have no assets to seize, and I'm moving across the country to another state, am I correct to believe that potentially the worst thing to come out of this might be a hit to my credit score and a poor landlord recommendation? Are they really going to put a lien on my car that they probably won't get more than $800 in a fire sale?
Have you heard of the saying: "Owe a banker 10,000 and the bank owns you. Owe a banker a million and you own the bank."?
Seems to me it'd be in my landlord's best interest to work with me.
Take your own advice and work with your landlord.
why are you trying dodge your landlord? Just follow the lease termination guidelines set forth in your lease and be done with it. Why is that so hard??
why are you trying dodge your landlord? Just follow the lease termination guidelines set forth in your lease and be done with it. Why is that so hard??
There are none. It's totally the landlord's discretion.
Your lease states nothing in regards to terminating your lease early? Not one word?
Nothing about terminating. The only thing I can do is find a new roommate and have a lease executed between the new roommate and the current roommate, totally at the landlord's discretion. She's rejecting people with $80,000 incomes.
Nothing about terminating. The only thing I can do is...
...is to research what Virginia law says on the matter.
I don't know how it's phrased there but the upshot of the law will be:
If (when) you move out the LL has the obligation to attempt to re-let the space as soon as possible...
and by all the customary means of a continuing business to mitigate their losses.
The second they have another paying tenant in place then you are off the hook.
Get off the hook. Force her hand if you must but get off the hook.
...is to research what Virginia law says on the matter.
I don't know how it's phrased there but the upshot of the law will be:
If (when) you move out the LL has the obligation to attempt to re-let the space as soon as possible...
and by all the customary means of a continuing business to mitigate their losses.
The second they have another paying tenant in place then you are off the hook.
Get off the hook. Force her hand if you must but get off the hook.
Yes. Virginia imposes the duty to mitigate damages, and the real estate market is so tight in NOVA that, without her silly "standards" and application process, she could probably find someone within one week max. I'm prepared to and can afford to offer her two months rent.
Look, I understand that I'm in "the wrong" here, but this is for a better employment opportunity, not some implusive or immature pursuit.
Look, I understand that I'm in "the wrong" here...
Where did you get that idea?
You're not in the wrong here; a lease isn't some form of indenture.
Quote:
I'm prepared to and can afford to offer her two months rent.
But she doesn't have to accept that and it appears she doesn't want to.
Some LL's will set a fee for this rather common occurrence. Most don't.
What the landlord DOES have to do is act to mitigate their loss.
In any case... your larger concern is recovering the security deposit.
If you make a settlement use that money first.
Quote:
Yes. Virginia imposes the duty to mitigate damages...
She probably doesn't even realize what her responsibilities and obligations really are.
She probably doesn't even realize what her responsibilities and obligations really are.
I think the real issue is she thinks that I don't know what her's are. I highly doubt she wants to fly all the way to Oregon (where my job is) to pursue judgment liens/seizures on my negative net assets. Then again, maybe she enjoys "legal games."
Like one poster mentioned, maybe she's bluffing. I can't really tell. But based on what I've read legally, it would appear any judgment is essentially worthless
Seems the $6000 is for the term of the lease and not just 1 month rent or the security deposit? $6000 seems too large for a security deposit. I am confused.
You should consult an attorney NOW. A real estate attorney. Get a half hour consultation. It might cost you $75. This $75 spent could save you $6000.
Maybe you use the lawyer later to write a letter to the landlord for another $100 or so based on what the lawyer recommends in the consulation. Still, you would be much more likley to get your $6000 back.
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