another lease termination question

[johambri]

What is the name of your state? VA

The lease I am currently in has nothing in it about terminating the lease early (how many months, penalties, etc.) As far as I can tell, in VA (section 55-222, i think) a year to year lease can be terminated by either party gving 3 months written notice at the end of any year of the tenancy. I live in a college town and was semi-forced into signing an extension 8 months before my lease was scheduled to terminate. Can I still give 3 months notice and terminate the lease at the original lease ending date?

 

[dduglass]

If you have no legally valid reason for breaking the lease, the landlord is still obligated by law to minimize the impact of your breach by trying to re-lease the unit. The legal term is "mitigating damages." For example, you leave in month 4 of a year lease. The landlord tries to re-rent it, and finds someone to pay the same rate starting month 6. You owe the rest of month 4 and all of month 5, but not thereafter. The landlord cannot collect double rents. In the alternative, the landlord finds someone who will rent your $1000 apartment for $900 starting the day after you leave. You would then owe the $100 difference for the remainder of your lease term.

 

[treese]

No, you have already signed a lease extension.


You would have to give 90 days notice BEFORE the end date of the lease extension (it's signed and enforceable).

 

[johambri]

The code actually says "3 months prior to the end of any year of the tenancy." It doesn't state or seem to imply anything about the final year of a contract, extension or not. What dictates that I have to wait until the end of the extension?