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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I need some advise. I have a 1 year lease in the city of Manassas

Customer Question

I need some advise. I have a 1 year lease in the city of Manassas Park. I purchased a home and moved out May 20th with 2 months remaining on my lease. I gave them a 'move notice' in April. I realize that I am responsible for the remainder of the lease. I have paid June; and have requested paying July NOW and turning over the unit. I was told by the rental office that I could pay my lease and turn in my keys but they will not do the walk through until July 25th and that they would consider me responsible for the unit until then. I'm just scratching my head, can they really refuse to take possession of the unit if I've paid the lease payment? I have been a tenant in good standing for 2 years; but I was treated fairly nasty today. What are my rights?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
Your landlord does have to make reasonable efforts to re-rent the unit (you are correct, the VA statute is: Va. Code Ann. §§ 55-248.33, 55-248.35).
They may not want to take possession (I don't know why they wouldn't), but they do need to make "reasonable efforts" - so they need to be marketing it, and perhaps it is in your best interest to maintain possession as you are now going to be receiving notice whenever they show your unit to potential new tenants (if 2 months go by and they never show it to a single potential tenant, you can sue them in small claims court for "failure to mitigate" and claim they did not make a reasonable effort, and that you should be entitled to at least a portion of your rent that you paid for this time period. (If you turned over possession, it would be a lot harder to prove this).

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