Roommates and lease breaking? Am I understanding?

Roommates and lease breaking? Am I understanding? by Eloise (VA question) on February 20, 2012 @08:04

Hello everyone! This is actually a tenant type question, my baby sister is having room-mates trouble and being that I'm not a LL in VA I don't really know what the norm is. I hope you don't mind me asking.
In VA, roommates, original lease expires 3/18/2012, lease is under one of the roommates parents name. They renewed the lease for another year, ending 3/18/2013. The 2 girls in the lease are named as occupants.
NOW one of wanting to break the lease, the other one is undecided on what to do, they have been dancing this tune for 2 months now, not knowing what the second one wants to do.
Obviously, when I was first asked, I told them to ride out the entire year, it's their fault to have renewed the lease for another year, OR to get in touch with their LL and work out how to break the lease with proper notice and finding out how much in fees etc.
Problem is, one, the LL is working with a management company, who refuses to provide his contact info, and also refuses to provide any answers as of what they can do to remedy the situation. In addition, they have the LL email address, he is not responding their emails. So it's a bit frustrating to try to figure it out.
The lease says that they have to make a reasonable attempt to find new tenants to replace them, but I know they can't just pick someone off the street, you know? I'm just confused as to what it is they need to do??
What my understanding is, that they HAVE to at the very least send a notice of intending to break the lease, via certified mail, to the management property, and wait for a response, assuming they actually respond {since they seem to be unavailable most of the time, according to the occupants} is pay for advertisement and make the apartment available for showings, but the "finding a new tenant" issue is something that should be up to the management co. and ll, then, I'm assuming they also have to provide notice period {anyone know in VA?} and also pay the lease breaking fee {not stated in the lease agreement, don't know if they would have to pay an amount or just pay till it's rented or what?}
Anyway, any info on VA specific would be great, I looked up the LL/Tenant Act but can't seem to find a roommates chapter, I don't know how I would deal with it as a LL.
Thanks!

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Re: Roommates and lease breaking? Am I understanding? by Eloise (VA question) on February 20, 2012 @08:20	[ Reply ]

By the way, not because this is my sister, we are a "tough love" type of family, and in any other situation I'd tell her she's out of luck, but I am honest to God {don't know how else to put it, I feel like I am reasonable objective and consider myself a sane person, and I hope my other posts in the past reflect this, for the most part} concerned about the rommate's mental health, this girl called MY number last night, for what I thought was to talk about their belongings {I had offered to go up there and help them move out and clean the apt etc} and she cried for 3 hours {yes, I was on the phone for 3hrs, last time I was on the phone for this long I was like 14!!} telling me if my sister left, she would kill herself {I asked my sister to call the girl's parents and let them know what this girl was saying, my sister is in FL right now because of our Grandmother's funeral} and this girl is 24 years old. I am very concerned about my sister and the roommate, I feel that it has the possibility to turn into a "single-white-female" type of situation. And in case it looks this way, they are not a couple, my sister has a boyfriend who this roommate absolutely hates. So, anyway, sorry to ramble, I just thought I'd mention this, I'm no expert but I honest to God think she's not stable.

Re: Roommates and lease breaking? Am I understanding? by Katiekate (New York) on February 20, 2012 @08:41	[ Reply ]

The parents of the girl who signed the lease are on the hook for the rent for another year. Period. The girls are listed only as occupant. It was not clear from you long-winded post which girl is which...but, it doesn't matter. The landlord will take the parents (who signed the lease and are financially responsible) to court for the damages. Usually, this is actually limited to about 2 months of the rent plus the cost of advertising. BUT.. this would show up on their credit. I suggest to the parents who signed the lease to work with the management company (forget trying to reach the owners..they have a management company so they don't have to deal with stuff like this).

Re: Roommates and lease breaking? Am I understanding?

Re: Roommates and lease breaking? Am I understandi by Jake on February 20, 2012 @09:33	[ Reply ]

"I told them to ride out the entire year, it's their fault to have renewed the lease for another year" That is the core of it right there. They need to live out the lease. Young people especially, involve themselves in all kinds of financial arrangements that they do not have the money, experience or money to become engaged and do not ask anyone's permission or even advice. Then, when their life gets in a jam from imprudent actions, they put out the alarm expecting everyone else to show up with a referee and bail buckets of money. Sometimes when a person makes bad decisions they just have to live with them. Being simply named as an occupant will not help any of the tenants escape financial liability. If the landlord works with a management company he knows the way to the court house. Your sister and other "occupants" can not get in touch with him because he does not want to referee their lives. But, when they stop paying rent he will pop up in a big way. The sad part is the parents, who are the primary signatories, will take the worst lump. But, the other occupants will have to open their wallets too or have the permanent stamp of eviction on their record. It is going to cost them plenty to break the lease without a judgment and credit problems for the remainder of their lives. Yes, an eviction is a permanent part of their credit record. Wage garnishment is not any fun either.

Re: Roommates and lease breaking? Am I understandi

Re: Roommates and lease breaking? Am I understanding? by LL (Ca) on February 20, 2012 @14:22	[ Reply ]

If I was paying a management company $$$ to manage my property, I wouldn't be available to the tenants either, that's what the management company is for. Add to that, the management company is not there to referee inter-personal squabbles between roommates. But you're smart, you knew that already. Someone will correct me if I'm wrong, but I don't think there is too much law out there outlining roommate cases in LL/Tenant law. It's one of the downsides to renting to unrelated parties. As for the parents being the signatories on the lease, it will not excuse the occupants from being liable for rents, damages, etc. Good luck. Thank you for being a responsible older sister and trying to put your little sister straight on this. Very rare these days when families seem to take sides with their own even when their own is wrong.

?? Occupants responsible for damages?

Re: ?? Occupants responsible for damages?

One last question {and small update} by Eloise (VA question) on February 21, 2012 @07:18	[ Reply ]

So, she talked to the parents, who just want to go ahead and leave the daughter {her roommate} in the apartment and pay for the entire rent themselves {don't know why, they said they can afford it and don't want my sister to pay for a place she does not live in, they pay for the roommate's half anyway because she doesn't work or study, not what I would do but you can never know what goes through people's heads sometimes so don't really have a good explanation on this for you} but anyway, I told my sister to STILL pay for at the very least 2 months and clear the apartment from all her belongings and still offer any other help and keep that line of communication always open with them. Anyway, do you think it would be a good idea to still write the management co. to advise that she will no longer be an occupant as of xx/xx/xxxx ? Or is there something she should do to establish she came to an agreement with them or whatever to sort of proof that she is not there any longer in case there are damages to the actual apartment after she moves out etc? I want her to be responsible but I also want her to protect herself from damages that could happen after she vacates, you never know. Any last info would be greatly appreciated and thank you all for your input.