My landlord agreed via email to extend my lease. Is that a binding agreement?

Question

Further information: Landlord asked us to HELP find a new tenant to move in when our lease expires. She said she'd rather do it that way because we have a dog, who cannot be in the apartment when people come to see it because of the biting risk.

Now she's claiming that we accepted FULL responsibility to find a new tenant, that she did it this way to help us. We thought we were doing HER a favor, not the other way around.

She claims that if we do not find a tenant, we will have to pay rent until someone moves in.

Before this, she agreed to extend our lease (originally ending this Friday, June 30th) through August 15, because that's when our next place is available. Now she is saying that she will not honor that if we do not agree to take FULL responsibility to find a new tenant. Can she do this? We live in Virginia. Printable resources are of the utmost importance. Thanks for your help.

Answer 1

A contract needs to be in writing and signed to be binding. Who's to say that you didn't create the e-mail and send it to yourself.

In California, your lease agreement automatically becomes a month to month contract if the lease expires and is not renewed and you pay July's rent and it is accepted.

You're not responsible for finding a tennant and you're doing her a favor by doing so. However, here is how I would approach it:

I would tell her (via phone and through a certified letter) that you plan on leaving August 15th and you're willing to pay rent till August 15th. You're also willing to be flexible when showing the place to potential tennants. You'll even place free ads on the web and at your workplace to help her out. Tell her that she can use your cell phone number as a contact in any of the newspaper ads that she places and pays for to facilitate the renting process. Do not sign any lease or document that states that you're responsible for rent beyond August 15th.

Now while you're talking to her on the phone and if she refuses, it's time to play hardball (do not put this in writing).Tell her because of the financial stress of finding another place till August 15th, the alternative would be for you not to pay July's rent, not to sign anything and not be flexible in showing the place. Tell her that she will need to evict you and you will fight it in court. Tell her that she might win, but it will cost her money and time and you are willing to put everything into a storage and rent a room for a month or stay at your cousin's house once you are evicted.

You're basically making her an offer that she can't refuse. Also, if you lose the eviction, your deposit will be used to pay July's rent and you just need to pay for the days up until you got evicted.

I own a few rental properties in California and if I was a renter, I would approach it in that manner.

Good Luck

Answer 2

I don't see how the landlord can expect the tenant to find a new tenant once their lease expires. If she put it in writing that your lease was extended and did not specify that it was conditional upon you finding a new tenant after you move out, I don't think she has a case AND I don't think she has a case if she tries to go the other way with it either. I don't think it's a tenants responsibility to find a new tenant for their landlord when they serve out the lease. The tenant doesn't have the obligation of finding a new source of income for the landlord! Unless you have some crazy law in VA then I don't think you have anything to worry about. However, you might take all your documents and correspondence to an attorney just to make sure.

Answer 3

I live in New York and I am a landlord. She put it in writing and if you have a copy of it I would say it is binding. According to law once your lease expires you are NOT responsible for any rent payments. In NY you do NOT have to pay rent until SHE finds a tenant. I would call your state attorney generals office and just ask, I doubt the laws are different in that regard.
Personally I think she is way out of line.

If you have specific questions about the law or need advice about a dispute, you can call the Virginia Division of Consumer Protection at [phone], or 1-800-552-9963.


Check out on-line
Virginia Fair Housing Council
Check out on-line
The PDF of the Va. landlord/tenant handbook
Good luck,

Answer 4

read your lease carefully and seek legal advise i just had a landlord take me to court over stuff kind of like that and because i studied up i walked out of there with $1000 and did not have to pay him anything at all

Answer 5

If both activities are agree, you're wonderful. even if, you should get something in writing (a supplmental settlement) that states that they are proposing you with permission. Now you're secure incase they substitute their concepts and then attempt to sue you.

Answer 6

Doubtful that she can pull this one off. Call the District Justice for that area. His/Her office will be able to guide you in the right direction.

Answer 7

No, I would get it in writing, Then he can't stiff you on repairs!!

Answer 8

get it in riting!