Can I cancel a signed lease before the tenant moves in?
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If both parties signed the lease and the tenant has not violated any terms of the lease, you CANNOT cancel the contract unless they agree.
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Hi! I live in the state of Virginia. I am a landlord. I need to terminate a lease agreement where the tenant has not yet moved in. What repercussions should I anticipate?
I understand your situation. Have you reviewed the lease agreement to see if it includes provisions for terminating in case the tenant does not move in?
There is not anything written in the lease agreement.
Do you have any written communication with the tenant regarding their intention to move in or their current status?
Yes, there is a current live lease agreement.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with terminating the lease agreement.
No, that is everything. Thank you!
Thank you for choosing AskaLawyer! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I am reviewing your question and will be providing a response momentarily.
I am so sorry you are having issues with a tenant. Does the tenant agree to cancel the contract?
I have not spoken to the tenant yet. I am reaching out beforehand to be prepared when I have the conversation with the tenant tonight.
If both parties signed the lease and the tenant has not violated any terms of the lease, you CANNOT cancel the contract unless they agree.
What if they do not agree?
The next option would be to offer to buy them out of the contract.
Do you happen to have examples of how a buy out would work within Virginia residential laws?
It's a short term lease agreement from May 18th–June 22nd for $1220. There was no security deposit and we will return the $1220 to the tenant who prepaid rent.
There are no specific laws. You and the tenant negotiate the terms of the agreement.
Okay this is helpful. Thank you!
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.
