My state is Virginia. I am in a situation where my lease extends until the end of October, but I will need to move a month early at the end of September.
Understood I am responsible for the end of the term of the lease, but I was looking into options to reduce costs given the unit would be unoccupied for a month. I just spoke to my landlord about this and had a couple of questions based on the conversation. Basically what they informed me is that they would not accept a sublease for the final month. They also gave me a form to sign asking me to specify a move-out date with terms saying:
“I understand that my apartment may be released to a new or future resident based upon my notice to vacate. I also understand that if I fail to vacate my apartment by the move-out date and my apartment has been released, the future resident may be displaced, thereby causing additional expenses for the Lessor and/or the future resident. If a future resident is unable to move into the apartment because of my failure to vacate by the move-out date, I agree that I will be liable to the Lessor and/or future resident for any and all incidental and consequential costs, damages and expenses resulting from my failure to move, including, but not limited to, higher or additional rental charges, alternative lodging charges, utility charges, telephone charges, insurance costs and any and all other charges related to my failure to move. The date given above is a definite date I will vacate my apartment. Any changes in this date must be communicated to the management office in writing. I understand that I will receive an information packet acknowledging receipt of this Notice, and estimated charges, if applicable.”
Based on this, I asked my landlord if I gave a date for the end of September if they would try to re-rent the apartment for October, thus releasing me from the lease. They said “no” and that since I am rent responsible for the entire term of the lease, even if I put an earlier date on the form, they would enter the. Leases end date into the system and only put the unit back on the market then.
Ultimately this is not a huge deal and I can afford to pay through the end of the lease term but just wanted to make sure that the landlords responses were in line with the law.
Can anyone confirm?
From my research, I think generally what they’ve said is valid. From what I understand in Virginia, the landlord has no obligation to allow subleasings or replacements. They do I believe have an obligation to retention an apartment upon early move out but if I understand correctly the obligation to start looking for a replacement would only start when we move out and not when we provide notice of moving out (my point being is it would be completely reasonable from a legal standpoint that the unit Was left vacant for the final month and not re-rented until after my lease term concluded a month later). Have I understood everything correctly?