University of Virginia Library

Apartment-Hunting

Lease-Keeping For Landlord And Tenant

By ROBERT HUSBANDS

(This is the second of a
two-part series on Apartment
Hunting, based on a special
Landlord-Tenant Law
Handbook, The handbook is
available from Student Legal
Services, located at 1908 Lewis
Mountain Road. Telephone
977-1670. - Ed.)

Many students are
unaware of many rights and
obligations of both the
landlord and tenant. Some of
the more common questions
include how a student can get
out of his lease, what the
landlord can do if a tenant
moves out without ending the
lease agreement, what action a
tenant can take if the landlord
falls to obey city health codes
and what action the landlord
can take if the tenant does
something which the lease
forbids.

Other questions that also
frequently arise are what
happens if the tenant falls to
pay his rent, what a tenant
should do to terminate his
lease at the end of the term,
who makes repairs, and how a
tenant can protect himself
against someone injuring
himself on the premises.

A tenant can prematurely
end a lease by three methods.
First, constructive eviction can
occur when the landlord
commits an act which makes
the premises uninhabitable and
thus forces the tenants to move
out. Students should however
check with their legal advisor
before moving out of their
apartment, for if it is later
determined that the landlord
was not at fault, the tenant
risks paying two rents.
Secondly, assignment with
release is basically when one
tenant writes out a statement
assigning all interests in the
apartment to a new tenant.
Unless the old tenant has a
signed release from the
landlord, he can still be liable
to the landlord until his lease
expires if for some reason the
new tenant does not pay.

Surrender Lease

Finally, a tenant may
surrender his lease at any time
if the landlord agrees. This
agreement can be oral (unless
the lease is for more than five
years) but it is always better to
have the agreement in writing
to avoid any possible problems.

If a tenant leaves an
apartment without ending the
lease agreement, the landlord
has several alternatives. One of
the landlord's options is to
move against the person for
abandoning. In this case the
tenant is liable for rent
whether or not he has told the
landlord he is leaving.

The landlord is under no
obligation to find a new tenant
so it is in the tenant's best
interest to have a clause in the
lease which requires the
landlord to mitigate his losses
in the event of an
abandonment. In other words,
if an abandonment occurs,
then the tenant will only be
liable for the losses that the
landlord actually incurs.

The landlord also can end
the lease if the tenant falls to
pay, although he does not
necessarily have to do so. He
can also hold the tenant for
another term's lease if the
tenant leaves without
informing the landlord.
Finally, the landlord has the
option to seize and sell articles
which the tenant leaves behind.

If a landlord's apartment
does not comply with city

health standards, then the
tenant should first ask landlord
to make the necessary
adjustments. If for some reason
he does not, the tenant then
should call the city housing
inspector at 295-0161. If an
inspector does not come or for
some reason decides that the
premises are not unfit, the
dissatisfied tenant should
contact the Student Legal
Advisor.

Landlord May Evict

If a tenant acts against a
specific clause in the lease the
landlord may then evict him. It
is possible, however, that the
landlord may just use the
deposit to pay for any damage
that may have been done.

A tenant who falls to pay
his rent is subject to a number
of things. He may be evicted
by the landlord – but only
after five days notice. The
landlord may also keep the
rent deposit and he may also
possess and sell any property
that the tenant leaves behind.

An important point not yet
covered is termination of a
lease. A student should give his
landlord adequate notice that
he is leaving. Although some
leases specify a specific time,
some do not. This is an
important point to clear up
with the landlord, for if the
tenant falls to give adequate
notice, in some cases he may
be bound to an undesirable
lease for another year. Also,
when terminating a lease, be
sure to get out on time. Even if
a tenant is just one day late,
the landlord has the option to
evict him or to hold him for