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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I live in the state of Virginia. In August I signed a lease

Resolved Question:

I live in the state of Virginia. In August I signed a lease with a landlord which ends on June 15th. However, I verbally asked to be let out of my lease early (Nove 17th) and the landlord agreed. But, I later dicided to stay and let the landlord know I would be staying until the lease expires. The landlord is angry (due to her wanting to live in the property) and she says that we had a verbal agreement that I move on Dec 15th. I have paid the rent on time each month. My question is, does a verbal agreement to break a lease early void a written lease agreement.
Submitted: 2 years ago.
Category: Legal
Expert:  C.Fortunato replied 2 years ago.
Hi JACustomer,
Yes - the oral agreement between you and your landlord that you would move out early is sufficient to change (not void) your written lease. The change = the termination date is now December 15 instead of April 15.

I think this is what you wanted to know. If not, please let me know.
Thank you.
Customer: replied 2 years ago.
Please provide the Virginia Code which support your finding.
Expert:  C.Fortunato replied 2 years ago.

Here is the section that enumerates the 7 types of promises, agreements or contracts, etc. that must be in writing:

http://law.onecle.com/virginia/contracts/11-2.html.

All other promises, agreements and contracts, etc. can be oral.

 

Expert:  C.Fortunato replied 2 years ago.
The fact that the oral agreement changed the term of your lease does not mean you have to move at the end of the new term (December 15). If you landlord wants you to leave, he will have to commence an eviction proceeding in court - he cannot evict you on his own.
Customer: replied 2 years ago.

I'm sorry...I really am not attempting to dispute with you. However, this is the intially statement, "Unless a promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, is in writing and signed by the party to be charged or his agent, no action shall be brought in any of the following cases:"

The agreeement to move on Dec 15th was oral and not written. The lease/contract was not ratified nor change with signatures.

I am also attempting to fit this statement with your answer ".6. Upon any contract for the sale of real estate, or for the lease thereof for more than a year;" Remember, this was a contract between individuals and the Va Landlord/Tenant Rights Act does not apply. Are there anymore codes that could possible apply.

Customer: replied 2 years ago.
Relist: Incomplete answer.
I asked for additional Va Codes to support the answer I received on verbal agreement changing a written lease.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

It appears that you opted out from your previous expert. Perhaps I may be able to assist you further.

I will absolutely agree with the expert up to the point where she stated that any modification, even orally, changes the lease. However, without evidence or proof as to what the modified terms were, and in a situation where both parties disagree as to the conditions or the modification, the original written lease controls. in other words, if you choose to claim that no modification to place, the written lease continues to be controlling as it is up to the landlord to prove both that a modification to place, and that the terms that you are claiming took place also. He has the burden of proof as otherwise the written lease continues to be controlling. This is not going to be located in Virginia Code as this is common law and is not based on statutory interpretation

Hope that clarifies.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36947
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

My question is that my Landlord and I discussed my moving. I am current on my rent. The oral agreement was that I move Dec 15th with $550 deposit and rent paid. My desposit on the current written lease $1100 which I only paid $550 and owed $550 which was past due. The oral agreement would accept my $550 paid as the deposit paid. When I told her that I was not going to move until March, sje gave me a paid or quit for the remaining deposit. I than asked her to put the oral agreement into writing and she agreed via text. However when I spoke with her over the phone she told me to disregard the any agreement made. She also stated that there would be a penalty for leaving. At this time I felt that the Landlord was playing games because I told her in the beginning that I did not want to leave in December, but March. I did pay the remaining $550 before the pay or quit ended and told her that I will stay until the currentlwriiten lease expires. Now the Landlord is angery. I have no idea what the issue is. Does she have any kind of case.

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