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Tell me what this means, "tenancy pursuant to a new rental…

Please tell me what...

Please tell me what this means, "tenancy pursuant to a new rental agreement commences."

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Virginia

Lawyer's Assistant: What steps have you taken so far?

I was told that I am in violation for not listing my house for rent or for sale after my tenants left early, but has continued to pay for rent and utilities. They moved out of state for a job.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Virginia landlord tenant act, § 55-248.35 this is what my property manager says I am in violation of, but I do not trust him.

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Answered in 53 minutes by:
3/29/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,541
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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So the tenant just moved out, but is still voluntarily paying the rent while the place sits empty?

.

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thanks

Barrister

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Customer reply replied 3 months ago
my landlord jumped the gun listed for rent without my approval of the details. He told the tenants that there was an approved renter to take there spot, but I never approved anyone. I had him stop the listing and told him I was going to sell it with another realtor after that. So, since the lease wasn't terminated, do I have to list it for sale or rent now that they have moved out?

Ok, I assume that you are the owner.... so you are also the landlord... but you have someone working for you as your agent to rent out the property for you...

.

If the tenant just voluntarily moved out, but is still paying the rent and keeping utilities on, that is entirely their decision to do so. You only have a legal duty to mitigate your damages and try to re-rent if the tenant actually breaks the lease and stops paying rent and leaves.. The manager is wrong that there is any breach on your part here..

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So if the tenant wants to continue paying rent while the place sits empty, that is perfectly legal for you to continue to allow them to do so and you have zero legal duty to try to find a new tenant. Only in a breach does your duty to mitigate kick in..

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Bot***** *****ne is don't listen to property managers about what the law is unless they also happen to be an attorney..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 3 months ago
Thank you! They don't want to pay and said it should be terminated at the end of this month instead of 5-31-18. They sent us a letter stating that the lease should end and they want their deposit back, despite the damage they did to my house.

If they have breached the lease by failing to pay rent when due, then that triggers your duty to try to re-rent. But as long as they continue to pay rent, the tenancy continues whether they are living there or not.. So they have to actually break the lease to force you to have to do anything..

Ask Your Own Landlord-Tenant Question
Customer reply replied 3 months ago
Thank you

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,541
Experience: Attorney over 17 years, landlord 26 years
Verified
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