THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, October 7, 1995 TAG: 9510050317
SECTION: REAL ESTATE WEEKLY PAGE: 12 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: BY WILLIAM MAZEL, SPECIAL TO REAL ESTATE WEEKLY
LENGTH: Medium: 68 lines
Q. About six months ago, I found an apartment in Norfolk, which I liked very much. The landlord and I entered into negotiations and on Feb. 2. I signed a lease commencing March 1. The lease stated that the landlord would make certain repairs and place the property in clean, bug-free, livable conditions.
Upon signing the lease, I gave the landlord a deposit of $675. As February progressed, I stopped by to see how the cleaning and repairs were going and nothing much was being done. I called the landlord and stated that the time was running, that I wanted to move in on March 1 and that all of the cleaning and repairs would have to be done before I moved in.
This matter kept going in until Feb. 27 when the landlord called me and said that they were having too much difficulty with me, they did not want me to rent the premises, that they could not have all of the work done by the first of March, so, therefore, they were going to cancel the lease. I said fine, and asked them to send it to me in writing.
The landlord immediately faxed to me a release in which he stated he released me from the legal and binding lease made by us on Feb. 2. He listed as a reason my lack of patience and the time that the repairs to the property were taken.
I requested the refund of my $675 deposit. The landlord never returned it to me. I filed suit for the return of the deposit and the landlord turned around and sued me for the entire rent for the whole term of the lease, which amounts to $9,000.
I have driven by the premises and I note that the place is rented to other tenants. Does the landlord have any chance of collecting the $9,000?
A. In my opinion, the landlord does not. First of all, the landlord gave you a release in writing and, even though it was faxed to you, I believe that the court will accept that release.
If the landlord shows up in court and responds to either your questioning or your attorney's questioning that, yes, that is his release and, yes, that his signature is on the release, the court will certainly accept the faxed release.
Secondly, even if you had been at fault, since your rent is payable in monthly installments, the landlord, according to the terms of your lease, does not have the right to sue you for the entire year's rent and to collect it.
Further, even if you were at fault in terminating the lease, the landlord has obtained another tenant, and you are entitled to credit for any payments made by the new tenant.
The landlord jumped the gun. I think that he did so only because you sued for the return of your deposit. The landlord can only recover any damages which occurred as a result of your breach of the lease and you did not breach the lease as far as I can see.
Should you have an attorney? You are dealing with a large sum of money. I always suggest that when you are dealing with large sums of money, you should talk to your own lawyer, have your lawyer show up in court with you and defend you.
I believe that you are entitled to the return of your deposit and I do not think you should owe your landlord any money. He released you from the lease before any rent accrued. MEMO: William Mazel is a retired lawyer. Send comments and questions to him at
Real Estate Weekly, 150 W. Brambleton Ave., Norfolk, Va. 23510.
by CNB