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]VA real estate lawyer here. There is a decent argument that the charge is illegal but it would be a fact-specific inquiry. There's no VA statute directly on point, just squishy caselaw. What does this mean for you in practice?  If you break your lease early without permission, you WILL be charged, and if you don't pay the charge, they WILL take it out of your sec'y deposit and could well sue you for the balance and report it to the credit bureaus. Without a lawyer, you WILL lose that suit; with a lawyer, you might win, [b]but you'd easily pay a few thousand bucks for the privilege[/b], and you still might lose also, depending on the facts.

That said, to PP: Do not assume that just because a provision is in a lease or contract, it must be legal. Many class action consumer lawyers have made small fortunes by being smarter, and reading more carefully, than the lawyers for the banks/credit card companies. [/quote]

Not necessarily true.  Especially if it's a commercial landlord, they probably have a provision for attorney fees in the lease.[/quote]

Yeah, their fees (not yours). It's a one-way fee provision. Many states don't allow that but VA enshrined it in the VRLTA. [/quote]

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