Question from Landlord: A current resident at my property signed a renewal lease that will begin next month. She now wants to rescind the renewal and put in her notice to vacate. Can we hold her responsible for rent pursuant to the renewal lease? Answer: Yes, since the parties have signed the renewal lease the resident’s opportunity to rescind her decision to renew has ended and she is bound by the obligations of the renewal lease, including the responsibility to pay rent. The resident remains rent responsible through the end of the renewal lease term or until the unit is re-rented, whichever occurs first. Note that you must use due diligence to re-rent the apartment in an effort to mitigate your damages. This answer is specific to Virginia. Please call me for additional information if your property is located in Maryland or DC.
ABOUT CRYSTAL KRAMER
Crystal Kramer is an attorney in the Landlord Representation Group. Crystal’s practice is focused on representation of landlords and property managers of residential and commercial real estate in Virginia. This representation includes Fair Housing disputes and all litigation associated with lease disputes, including breach of lease, unlawful detainer actions, and tenant’s assertion actions.
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