Breaking Lease In VA - Landlord Re-Rents?

Question:

My sister and her husband broke a lease in Jan. 07 as a place they wanted to move to could not guarantee a unit when that lease was to expire March 1, 2007. This is in Virginia. They were fine paying the additional month's rent since they were breaking the lease; however, the management company re-rented the unit before March 1. Could they collect any of the month's rent (Feb '07) they paid since it was technically their paid unit through March 1 and it was re-rented during their contract term?

Answer:
I am a Virginia property manager. The former landlord cannot collect rent from two people for the same period of time.

It is possible there were fees such as advertising or penalties associated with the change in tenants - however the landlord should show a credit for the unused February rent in the "plus side" of the expense breakdown. Normally the rent rebate arrives with the security deposit refund check, and in Virginia the law allows 45 days for the landlord to disburse a refund due the tenant.

I don't know VA law, but it probably depends on how things were worded.

You say they broke the lease. When did they move out, and did they pay for all of Jan and all of Feb?

If they actually paid for the full lease, but just moved out early, then they can probably recover some money.

But if they broke the lease, and the management co charged them one month's rent AS A FINE, then probably not. In this case the place was not theirs during Feb. Technically, paying a fine is not the same as paying rent, even if it was the same amount. Also, there may be cleaning fees, lock-changing fees, etc.

In California is is illegal for an owner to collect double rent so you might want to check your state law. They would be responsible for rent up to the point the new tenants took occupancy and started paying.

Breaking Lease In VA - Landlord Re-Rents?

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