Early release of lease

[bielbugs]

What is the name of your state? Virginia

We have a year lease that ends July 31, 2007. About a month and a half ago, we spoke to our landlord about possible early release so that we could buy a house. They were willing to do so as long as they had a replacement. We placed an ad online (which the landlords were very grateful for) and have received about 25 responses that we have passed on to them. The landlords have also placed ads in the local papers. In the past couple weeks they have been at least 3 applications put in on the rental. I talked to the one person and they indicated that they received a letter stating she was not accepted but didn't have a reason. I am trying to contact the landlord about this and will know more when I do. In the meantime, what rights do I have if they are turning down people without good reason? What is the best way to resolve the situation and what steps should I take? Thanks!

 

[treese]

The landlord has the right to reject any applicant that does not meet his rental criteria.

The landlord is only required to give a reason for the rejection in writing if it is due to credit problems.

The landlord does not have to explain to you why an applicant was turned down.

You are assuming that the landlord is turning people down for no good reason. The landlord has access to information that you do not.

There are a myriad of reasons that an applicant can be rejected for. It could be anything. An incomplete application, a bad past rental reference, not making enough money to qualify for the rent, a past eviction, past judgments, a criminal record ... you have no idea and no right to know.

 

[bielbugs]

I do understand that the landlord has the right to reject applicants and have access to information I do not have; and I'm not trying to say they are turning them down without good reason. But how would I know if the landlord is doing anything fishy?

 

[moburkes]

I do understand that the landlord has the right to reject applicants and have access to information I do not have; and I'm not trying to say they are turning them down without good reason. But how would I know if the landlord is doing anything fishy?

You won't. Also, the LL isn't required to start the seach for a new tenant until you leave. I'm not sure why you think it would be in his best interest to turn down qualified applicant who can provide an income for him NOW, in order to reserve his right to 1. sue you in court 2. get a judgment against you 3. go after your assets so that he can get reimbursed the rent and the additional fees.

 

[bielbugs]

i guess it wouldn't make sense for the LL to reject a qualified replacement when it would guarentee income, not that I am the type of person that would flee and make them find and sue me to get their money... I would never do that, but I'm sure that I'm in the minority. I guess I'm just anxious since I am hoping things work out that someone is found before our closing on the house we are buying.

 

[bielbugs]

So am I probably just being paranoid?

 

[Cvillecpm]

Yes - you are paranoid....your landlord wants a GOOD replacement tenant and since you are just passing on names (25), you don't know if the applications are actually complete. If your web ad was on Craigslist, 90% of those respondents are scammers and it is not often that a good, viable tenant actually responds from these ads.

In VA, the landlord should NOT be providing or talking to you about the replacement tenants as that would be a violation of the confidentiality provision of VA L-T laws.

Since you are purchasing a new home, you should have tasked your Realtor with finding a replacement tenant by placing an ad in the local MLS with a Realtor "finder's fee" paid by you or your Realtor....that is a better way and probably cheaper than newspaper ads.

 

[bielbugs]

Thanks Cvillecpm, I'm sure that many of those 25 people were as you say "scammers." There have been several (about 6 or 7) people the Property Manager has brought by to see the place. Interestingly, he wanted us to "show" the place which I haven't had a problem with. I do know for a fact that at least 3 have put in applications. Well hopefully a qualified replacement tenant is found soon. Thanks!