apartment lease nightmare

[Nadia Kurstoff]

What is the name of your state (only U.S. law)? Virginia
I still have four months left on my apartment lease. I have a couple ready to move into my apartment and take over my rent so the landlord will not be missing any rent payments. The couple is already renting the apartment upstairs , so they are approved to rent in the building. The upstairs apartment already has tenants waiting to rent it (they are reportedly being "put up" at an area motel. The problem is that the landlord says she will release us from our lease, but she is requiring us to pay her $1200.00 (half of the remaing lease) or she says she will put a lien on a house I'm trying to buy that I haven't even closed on yet. Now she is trying to cause the purchase of the house to fall through by calling the bank and making false statements. She says she will break the lease as a courtesy to the people renting upstairs because the elderly husband in that couple has had a stroke and cannot negotiate the stairs any longer. But, she expects us to pay the rent on the upstairs apartment that we were never renting! Can she do this?

 

[BL]

A LL can not double dip .

What if anything does your lease say about early termination penalty ?

That would give you your answer .

 

[FarmerJ]

Nadia first here your LLs calls to the bank are easy to deal with , your mortgage lender will be basing its decision on your current credit hist and whats in your current credit files NOW. If your LL already gave information once regarding a verification that you currently rented from her now. You wrote >but she is requiring us to pay her $1200.00 (half of the remaing lease) or she says she will put a lien on a house I'm trying to buy that I haven't even closed on yet.< In order for her to win a judgement for money she will have to satisfy a court that she is owed money by you. If your willing to take your chances in a court then I would suggest to make sure the electricity and gas are taken out of your name when you leave and take tons of pics and then let her allow the upper unit tenant to move down. SEE if she were not willing to allow that to happen and it took say 7 weeks to find a new tenant for the lower unit then you would be obligated BUT once she allows ANY tenant into the lower unit your off the hook since the LL cannot just transfer your lease to another unit with out your consent in writting. If it was me I would make the LL take me to court and see if I could get the elect and gas util to give me non identifying info to bring to court along with my copy of the lease showing what unit I had been renting. Then what I would try to get the utils to give me is a letter or print out showing date I canceled my services at that unit and non identifying info that states on what date my old units electric /gas services were put into someone elses name BUT not the LLs name , ( something to the effect of on date __________ this electric service for 1234 ABC st nw lower unit your town 00000 was activated by a new customer that is not the owner of the structure ) If you can satisfy a court that there was a new tenant in yoru old unit at the time the LL claimed you owed them rent . I think you would have good chance that the court would find in your favor. Other wise next best suggestion is to use the links up top to speak to a real estate atty about what the best methods of proving to a court that your LL re rented the unit to someone else are.