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I rent a townhouse from my landlord and have 2 roommates; they have signed subleases with me that are 12 months long. My lease with the landlord is month to month. The roommates moved in at different times. One's sublease will be up in a few months; the other not for almost one year. I may or may not be looking at leaving the area in about 6 months. I don't know why I didn't make this most recent sublease a 6 month instead of a 12 months - because, does this mean I must stay for the 12 months although my original lease states month to month? Think I've confused myself. I'm in Virginia.
I'm not so sure that your sublease agreements are even legal since you don't have the right to sublease for any period longer than your main lease. Did your LL give you permission to sublease?
I rent a townhouse from my landlord and have 2 roommates;
they have signed subleases with me that are 12 months long.
Is the landlord aware of and approving of this arrangement?
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My lease with the landlord is month to month.
No it isn't. By definition... a lease REQUIRES a fixed term.
Month to month is a whole other can of worms.
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The roommates moved in at different times.
One's sublease will be up in a few months; the other not for almost one year.
I may or may not be looking at leaving the area in about 6 months.
You have a month-to-month rental agreement,not a long-term lease. As such, while you have executed 12-month sub-leases, as the sub-lease is subject to the primary lease terms, it is only month-to-month as well. Therefore, if you end the lease prior to the expiration of the sub-lease, it is the same as if the landlord decided to end the rental agreement. Ends at the end of the month.
Your sub-leasee may be ticked off at you, but unless you specifically made representations as to the lease not being cancelable and not being a month-to-month lease, I don't see any issues with you packing it in. However, if you represented you as being able to fully comply with the 12-month terms, you may have issues.
It all depends on whether you did verbal agreements, or If you have signed agreements, and then what the specific wording is.
I would give a significant notice to your sub-lease individuals just as a matter of decency.
Finally, if you have any questions, go get an hour's time from an attorney.
Gotcha- thanks so much.
Just spoke with roommates and everything is good!
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Originally Posted by Restrain
You have a month-to-month rental agreement,not a long-term lease. As such, while you have executed 12-month sub-leases, as the sub-lease is subject to the primary lease terms, it is only month-to-month as well. Therefore, if you end the lease prior to the expiration of the sub-lease, it is the same as if the landlord decided to end the rental agreement. Ends at the end of the month.
Your sub-leasee may be ticked off at you, but unless you specifically made representations as to the lease not being cancelable and not being a month-to-month lease, I don't see any issues with you packing it in. However, if you represented you as being able to fully comply with the 12-month terms, you may have issues.
It all depends on whether you did verbal agreements, or If you have signed agreements, and then what the specific wording is.
I would give a significant notice to your sub-lease individuals just as a matter of decency.
Finally, if you have any questions, go get an hour's time from an attorney.
You have a month-to-month rental agreement,not a long-term lease. As such, while you have executed 12-month sub-leases, as the sub-lease is subject to the primary lease terms, it is only month-to-month as well. Therefore, if you end the lease prior to the expiration of the sub-lease, it is the same as if the landlord decided to end the rental agreement. Ends at the end of the month.
Your sub-leasee may be ticked off at you, but unless you specifically made representations as to the lease not being cancelable and not being a month-to-month lease, I don't see any issues with you packing it in. However, if you represented you as being able to fully comply with the 12-month terms, you may have issues.
It all depends on whether you did verbal agreements, or If you have signed agreements, and then what the specific wording is.
I would give a significant notice to your sub-lease individuals just as a matter of decency.
Finally, if you have any questions, go get an hour's time from an attorney.
I disagree, 55-248-4 clearly makes the OP a landlord under the VRLTA subject to all provisions of the law. The lease the OP has with the subtenants are also enforcable as a lease upon all parties to that agreement. It is true that the sublease will not obligate the OP's landlord to honor the sublease (unless a signatory to it) but, 55-248-21 allowes a court to impose all the lawful penalties and damages they see fit on the OP for violating the terms of the lease the OP had with their subtenants.
The OP can ask the tenants if they would like to sign a new lease for a shorter term but if they refuse, the OP can't take any legal action without violating the law as the subtenants have a legal sublease for a fixed term that is protected by the VRLTA. Also if the OP does ask them to end the lease earlier because of the OP's month to month, the subtenants must be told they are not legally obligated to nend it earlya nd can hold the landlord )(OP) to the terms of their lease. Not doing so could result in statutory penalties on top of any other damages and penalites for the lease violation.
I do agree that a lot will depend on the actual wording and if it is in writing. I also agree the OP needs to be seeking competent legal advice on this as they could be on the hook for damages and penalties if the subtenants are forced to leave before the stated end of their fixed term lease.
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