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Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16721
Experience:  Attorney experienced in Landlord-Tenant Law.
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We are the tenants. We live in Virginia. My husband is a veteran.

Customer Question

We are the tenants. We live in Virginia. My husband is a veteran. We signed a two year lease, then my husband had to have 2 open heart surgeries in 30 days. He was terminated 4 pays to retirement. We cannot afford to pay the rent and need to move. We have used up our savings paying the rent for the last four months. Do we have any way to get out of the lease?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is***** will be happy to answer your question.
I am very sorry to hear about this unfortunate situation.
When does the lease expire?
Does the lease have any type of clause addressing early termination?
Are you able to find a replacement tenant to take over the lease?
Customer: replied 2 years ago.
It expires jun2016
Early termination by death!
They are not allowing we to find a replacement tenant. I put it on Craig's list and on zillow rent and they made me take it down
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.
While I cannot comment on your specific case, generally, tenant does have the right to find a replacement tenant, which has similar qualifications as the original tenant and once such tenant is found, this tenant can take over the lease, however, the original tenant would still be liable, if the replacement tenant fails to make rent payments until the end of the written lease.
Otherwise, if the tenant terminates the lease early, the tenant can be held responsible for the rent payments until the end of the lease, however the landlord has the duty to mitigate damages by actively seeking a new tenant and once a new tenant is found, then the rent obligation would stop.
If the landlord refuses to allow a replacement tenant, who is similarly qualified as the original tenant, then once replacement tenant is found and willing to take over the lease and landlord refuses to let new tenant take over the lease, such refusal should be documented and the original tenant can files a lawsuit to rescind the lease, based on the landlord's failure to accept a qualified new replacement tenant.
I wish you the best of luck!