Ask a landlord-tenant lawyer and get answers ASAP
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.
I am sorry to hear you are having this dispute with the tenants...
What is your legal question I can help with tonight?
Just a minute while I type out a response..
Ok, that I can answer..
The military clause isn't something that the tenant has to agree to... It is a right that the landlord retains, just like the right the tenant has if they are in the military to get out of the lease.
So as long as you give them at least 30 days, then you have complied and they have no legal standing to object.
If you gave them a longer period, then that is your choice, not your obligation and you are correct that 42F has nothing to do with the military clause and relates to extending the lease contract once the initial term expires..
So you can terminate as long as you give them at least 30 days notice.. And the tenant is liable to pay rent up until the last day of the tenancy. So if they moved out July 21, they still owed the rent on July 1, and if you allowed them to use the security deposit to cover that, then that was you being generous as you have no legal duty to do so.
But you still have to send them an itemized list of any "damages" and any deductions for rent within 45 days in VA after the tenant has moved out.
Hello again, something happened so you opted me out of the question so I couldn't respond until now...
It still looks"stuck" to me, but hopefully this will get out to you.. The question is did you try to re-rent after they vacated or did you take possession and move in ?
Ok, if you took possession of the property, but didn't try to re-rent, then you can't hold the tenant liable for any rent past that time because you suffered no "damages". If the tenant moved out early and you tried to re-rent and couldn't, then you are "damaged" and can hold them liable for any lost rent until you re-rent.
The law is odd and if you had tried to advertise for that 21 days, as silly as that sounds, then you could hold them liable for that rent because they would be in breach for not complying with the agreed on date of July 21..
So you can hold them liable for rent up to June 30 if you retook possession and didn't attempt to re-rent.
Yes, unfortunately the law requires you to "mitigate your damages" in the event of a "breach" and to do that, you have to try to re-rent..
I am sorry the news isn't better..