THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, August 13, 1994 TAG: 9408120470
SECTION: REAL ESTATE WEEKLY PAGE: 06 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: William Mazel and Albert Teich Jr.
LENGTH: Medium: 59 lines
Q. My husband and I rent a Virginia Beach apartment whose lease expires February 28, 1995. Last week, my husband, a naval officer, found out he will be transferred in November, six months earlier than we expected.
I reviewed our lease, which said we must give the landlord two months' notice of our termination. Thus, we must notify the landlord by Sept. 1 that we plan to move in November.
My husband is still awaiting a written copy of his orders. I do not want to tell the landlord we are leaving until I'm confident that we are, indeed, doing so. How should I handle this?
Also, a friend in the military told me that apartment-rental contracts have a ``military clause.'' for early termination. I cannot find one in our contract.
The landlord is based out of state. Does the Virginia Residential Landlord-Tenant Act apply to us?
A. The Virginia Residential Landlord-Tenant Act covers all property in Virginia, no matter where its owner is based. Also, apartment leases need not contain a military clause for early termination - federal and state law already protects such renters.
As long as your husband's orders move him more than 35 miles from his current home, you may end your lease early.
To do so, you must notify the landlord in writing at least 30 days before you plan to leave. Also, you must not end the lease more than 60 days before the departure date needed to comply with the official orders.
Any lease that prevents military renters from ending their lease under these circumstances is likely to be illegal.
The rules covers all members of the armed forces, and certain members of the Virginia National Guard. Qualified reasons for ending the lease early include discharges, permanent changes of orders, or temporary duty orders of more than three months' duration.
Before the termination date, the tenant is required to furnish the landlord with a copy of the official notification of orders. Also acceptable is a signed letter confirming the orders from the tenant's commanding officer.
Under the law, the final rent will be prorated to the termination date. It is payable at the time the tenant makes the regular rent payments.
Also, the landlord may require the tenant to pay liquidated damages resulting from the early termination.
The damages must be no more than a month's rent if the tenant has completed less than six months of tenancy as of the termination date. If the tenant has completed between six and 12 months' tenancy, the damages must be no more than half a month's rent. MEMO: Albert Teich Jr. and William Mazel are real estate lawyers based in
Norfolk. Send comments and questions to them at Real Estate Weekly, 150
W. Brambleton Ave., Norfolk, Va. 23510.
by CNB