Reply to 3K lease breaking clause in VA

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

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]If it's in your lease and you signed it, why do you feel you don't need to pay it?[/quote]

Because the clause is illegal. [/quote]

Why is it illegal?[/quote]

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

I didn't realize it was illegal when I signed it.[/quote]

Incorrect, in fact in virginia you can legally have the tenants owe the entire

I have a clear rent break clause, an early terminiation fee equivillent to 1 month of rent and any rents due while the unit is vacant.

Under virginia law you cannot collect rent from the previous tenant IF the current unit rented out but a fee is different then rent.
[/quote]

Actually the courts have held that the fee is double rent since the fee is usually equal to rent. Also as a liquid damage (estimated damage) the amount won't hold up in court because there is no proof of damage if the unit was rerented.[/quote]

And my PP calling you an idiot is further reinforced. It is a termination fee, not rent and not accelerated damages. Rent is rent, damages are damages, security deposit is a security deposit, app fees are app fees and termination clauses and fees are termination clauses and fees. There are laws bit UCC and VRLTRA that govern these things.

Suck it up. You're trying to have your cake and eat it too. Basically this post is "I'm not trustworthy and not willing to live up to my word or binding signature. Please someone tell me it's okthT I'm a terrible human being that wants to screw someone else over."[/quote]

Not OP, but wow, you and I have very different moral codes. You did catch that this is a big commercial landlord right?  Do you think that company got to be so big by having a strict moral code of, "Well we signed a contract, so we better abide by it" / "paying all our debts is the most important thing"?

I do not understand people who think that it is morally important to pay their debts to big corporations and failure to do so is immoral, when those same big corporations have no qualms with avoiding paying their debts whenever possible under law. [/quote]

You are sick[/quote]

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