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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 29031
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I live in a Apartment in Henrico managed by a leading VA

Customer Question

Hi,
I live in a Apartment in Henrico managed by a leading VA commercial real-estate firm. I am in a one-year lease agreement. I got laid off at job recently, due to which i need to move out to a different city for new job. The rental office is asking for two months notice and two months rent (effectively 4 months rent) for breaking the lease (this is as per Lease agreement). Is this lease breakage clause applicable in case of Job loss (which is my reason for needing to leave the apartment earlier than planned). Please clarify.
thanks
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Loren replied 1 year ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Does the lease specify any special termination privilege for unemployment?

Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
no, it does not
Customer: replied 1 year ago.
hi, are you there? i need to log off. So, hope to see your response tomorrow
Expert:  Loren replied 1 year ago.

Thank you for the additional information.

Expert:  Loren replied 1 year ago.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 1 year ago.

Unfortunately, you are bound by the terms of the lease, regardless of your employment, health or ability to pay.

Unless the lease has a specific exception for unemployment the landlord can enforce the termination provision as agreed in your lease.

Expert:  Loren replied 1 year ago.

You are actually fortunate that there is a termination provision limiting damages, as most leases have none and the tenant is on the hook, potentially, for the entire term.

Expert:  Loren replied 1 year ago.

You can try negotiating with the landlord to modify the terms. Say, a credit if the landlord is able to find a new tenant in less than 2 mos. or you can try to find a new tenant yourself and see if they will let you out of the termination fees. Though, they have no legal obligation to do so.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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