THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, October 29, 1994 TAG: 9410280503
SECTION: REAL ESTATE WEEKLY PAGE: 12 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: William Mazel and Albert Teich Jr.
LENGTH: Medium: 69 lines
I am in the Navy and I rented an apartment in 1991. Each year my landlord has increased the rent and each time he does so, he insists that we sign a new lease. Now, I find that I am going to be transferred from the area and I still have nine months left on the most recent lease.
My landlord says that under the Soldiers and Sailors Civil Relief Act and also under the Virginia Residential Landlord-Tenant Act that I will have to pay him one month's rent because I have completed less than six months of the current lease.
I contend that I have lived on the premises for three years; therefore, under the Code of Virginia in particular, I do not owe him any liquidated damages whatsoever. All I have to do is to pay his rent through the date, giving notice. Who is correct?
We believe that you are correct. Your landlord states that since each year you signed a new lease, a new tenancy commenced and, therefore, since you have completed less than six months of your current tenancy, you will owe him, as liquidated damage, one month's rent. However, the code does not say anything about the lease; it simply says that the tenant will pay liquidated damages to the landlord in an amount no greater than:
One month's rent if the tenant has completed less than six months of the tenancy as of the effective date of termination.
Or one-half of one month's rent if the tenant has completed at least six but less than 12 months of tenancy as of the effective date of termination.
We believe that the tenancy started when you first moved into the premises and, therefore, you have not only completed more than six months of the tenancy but you have completed more than 12 months. Therefore, it is our opinion that you owe the landlord nothing as far as liquidated damages are concerned.
Remember that your terminating the lease without having to pay liquidated damages to the landlord is available to you only if you (1) receive a permanent change of station orders to depart 35 miles or more from the location of the dwelling, (2) receive temporary duty orders in excess of three months duration to depart 35 miles or more from the location of the dwelling, (3) are discharged or released from active duty in the Armed Forces of the United States, or (4) are ordered to report to government supplied quarters in the forfeiture of basic allowance for quarters.
If you qualify to terminate the rental agreement pursuant to the information above, then you shall do so by serving on the landlord a written notice of termination to be effective on a date set forth therein.
The date is to be no less than 30 days after receipt of notice and it shall be no more than 60 days prior to the date of departure necessary to comply with the official orders.
You will also be required to furnish the landlord a copy of the official notification of quarters or a signed letter confirming the orders from your commanding officer.
The final rent shall be prorated to the date of termination and shall be payable at such times as would have otherwise been required by the terms of the rental agreement. If you want to show your landlord this opinion of ours, please feel free to do so.
If your landlord still gives you some problems, go to your Navy legal officer and they probably will be able to help you. 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