If I terminate my lease early, how ill that effect my roommates?
Full Question:
Answer:
Generally, where the roommate is not named and has not signed the lease, the roommate is considered a subtenant and pays his/her portion of the rent to the named tenant on the lease, who stands in the position of landlord to the subtenant and who is responsible for the full amount of the rent to the primary landlord.
It will be a matter of determination for the court, based on all the facts and circumstances involved. Some of the factors that may be considered, among others, include whether you paid rent to the other tenants or had an agreement to pay rent directly to the landlord, and the terms contained in the lease. For example, the lease may state that any individual named on the lease is jointly and severally liable. Even without such a statement, a court may find that joint and several liability exists, so that any one person could be liable for the full amount and need to seek contribution from the others in a separate action. In the case of oral agreements, it is often one person's word against the other's.
In Virginia, in order for a tenant to terminate the lease early, if there is no provision for early termination in the lease, the tenant may be liable for the full term of the lease unless the tenant receives military orders or the landlord is in breach of the lease by failing to provide habitable living conditions. If the landlord has failed to provide a habitable premises, so that the health and/or safety of the tenant are affected, the tenant may provide notice that the lease will be terminated in 30 days if the condition isn't fixed within 21 days.
If the lease doesn't provide for early termination, the tenant is not in the military, and the landlord isn't failing to uphold his or her duties, it may be possible to have the landlord agree to an early termination. Typically the landlord will require some incentive for such an agreement, such as some form of compensation and/or assistance in obtaining a replacement tenant.
The following are VA statutes:
§ 55-248.21. Noncompliance by landlord.
Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement or a
noncompliance with any provision of this chapter, materially affecting
health and safety, the tenant may serve a written notice on the landlord
specifying the acts and omissions constituting the breach and stating that
the rental agreement will terminate upon a date not less than 30 days
after receipt of the notice if such breach is not remedied in 21 days.
If the landlord commits a breach which is not remediable, the tenant
may serve a written notice on the landlord specifying the acts and
omissions constituting the breach, and stating that the rental agreement
will terminate upon a date not less than 30 days after receipt of the
notice.
If the landlord has been served with a prior written notice which
required the landlord to remedy a breach, and the landlord remedied such
breach, where the landlord intentionally commits a subsequent breach of a
like nature as the prior breach, the tenant may serve a written notice on
the landlord specifying the acts and omissions constituting the
subsequent breach, make reference to the prior breach of a like nature,
and state that the rental agreement will terminate upon a date not less
than 30 days after receipt of the notice.
If the breach is remediable by repairs and the landlord adequately
remedies the breach prior to the date specified in the notice, the rental
agreement will not terminate. The tenant may not terminate for a
condition caused by the deliberate or negligent act or omission of the
tenant, a member of his family or other person on the premises with his
consent whether known by the tenant or not. In addition, the tenant may
recover damages and obtain injunctive relief for noncompliance by the
landlord with the provisions of the rental agreement or of this
chapter. The tenant shall be entitled to recover reasonable attorneys' fees unless
the landlord proves by a preponderance of the evidence that the
landlord's actions were reasonable under the circumstances. If the rental
agreement is terminated due to the landlord's noncompliance, the landlord
shall return the security deposit in accordance with § 55-248.15:1.
§ 55-248.21:1. Early termination of rental agreement by military
personnel. —
A. Any member of the armed forces of the United States or a member of
the National Guard serving on full-time duty or as a Civil Service
technician with the National Guard may, through the procedure detailed in
subsection B, terminate his rental agreement if the member (i) has
received permanent change of station orders to depart 35 miles or more
(radius) from the location of the dwelling unit; (ii) has received
temporary duty orders in excess of three months' duration to depart 35
miles or more (radius) from the location of the dwelling unit; (iii) is
discharged or released from active duty with the armed forces of the
United States or from his full-time duty or technician status with the
National Guard; or (iv) is ordered to report to government-supplied
quarters resulting in the forfeiture of basic allowance for quarters.
B. Tenants who qualify to terminate a rental agreement pursuant to
subsection A shall do so by serving on the landlord a written notice of
termination to be effective on a date stated therein, such date to be not
less than 30 days after the first date on which the next rental payment
is due and payable after the date on which the written notice is given.
The termination date shall be no more than 60 days prior to the date of
departure necessary to comply with the official orders or any
supplemental instructions for interim training or duty prior to the
transfer. Prior to the termination date, the tenant shall furnish the
landlord with a copy of the official notification of the orders or a
signed letter, confirming the orders, from the tenant's commanding
officer.
The landlord may not charge any liquidated damages.
C. Nothing in this section shall affect the tenant's obligations
established by § 55-248.16.
D. The exemption provided in subdivision 10 of subsection A of § 55-248.5
shall not apply to this section.
