3K lease breaking clause in VA - how would you handle?

[Anonymous]

So I'm looking to move to a bigger place before school registration and realized I would owe a fee of nearly $3,400 by my current lease. I'm considering fighting the fee - it is a commercial property so they will re-rent it quickly. I would argue that I will pay any actual costs of the unit being vacant up to the $3400 fee but will not pay if they cannot prove the apartment isn't rented. What would you do?

[Anonymous]

If it's in your lease and you signed it, why do you feel you don't need to pay it?

[Anonymous]

If you signed a contract, you signed a contract.

[Anonymous]

Anonymous wrote:If it's in your lease and you signed it, why do you feel you don't need to pay it?

Because the clause is illegal.

[Anonymous]

Then why did you sign the lease if the clause was in there?

[Anonymous]

Look for someone to sublet?

[Anonymous]

Anonymous wrote:

Anonymous wrote:If it's in your lease and you signed it, why do you feel you don't need to pay it?

Because the clause is illegal.

Why is it illegal?

[Anonymous]

Anonymous wrote:

Anonymous wrote:If it's in your lease and you signed it, why do you feel you don't need to pay it?

Because the clause is illegal.

How so? Virginia is very landlord-friendly.

[Anonymous]

Anonymous wrote:

Anonymous wrote:If it's in your lease and you signed it, why do you feel you don't need to pay it?

Because the clause is illegal.

These types of clauses are very common. How do you know it's illegal. If your landlord is kind, you might be able to negotiate for a lower fee. If that doesn't work, can you sublet?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:If it's in your lease and you signed it, why do you feel you don't need to pay it?

Because the clause is illegal.

Why is it illegal?

Falls under double rent and liquid damages which are both illegal in VA.

I didn't realize it was illegal when I signed it.

[Anonymous]

Are you sure? How much is your rent per month? Is this the transaction cost of delisting the unit, interviewing new tenants, advertising, etc. I am a landlord in DC and we don't have a big fee like that, but there are always transactions costs when a unit changes over. It isn't just the cost of rent.

[Anonymous]

OP, you seem to have made up your mind already.

Keep in mind, you can catch more flies with honey than with vinegar.

[Anonymous]

Anonymous wrote:OP, you seem to have made up your mind already.

Keep in mind, you can catch more flies with honey than with vinegar.

Ok so what would you suggest?

[Anonymous]

Anonymous wrote:Are you sure? How much is your rent per month? Is this the transaction cost of delisting the unit, interviewing new tenants, advertising, etc. I am a landlord in DC and we don't have a big fee like that, but there are always transactions costs when a unit changes over. It isn't just the cost of rent.

My rent is $1500 per month. The clause is double rent plus another deposit.

[Anonymous]

Just ask the manager of the property if he is able to rent your apt would he waive your fee. We did and they did. I referred two other families who both rented there and we are all happy.