mzestrada83
01-16-2007, 08:34 AM
We are in a messy legal situation, and are now in negotiation with our landlord, who has dragged his feet in replying to our offer. It has been two months since his last correspondence.
Here's the situation. In November of 2005 my friends and I signed a 2 year lease with our land lord. We indicated we only intended to stay for a year, and were told that was fine, just sign the lease, and he verbally committed to letting us end the lease early with 30 days notice. November 2006 rolls around and we call the landlord and verbally notify him of our intent to terminate, and he agrees. We begin to market the property, and advertise it on several public websites. We schedule viewings with the land lord, none of which he shows up for. We send him a certified letter indicating our intent to terminate. He never picks up the letter or signs for it. We vacate November 1, 2006. I move back in with my parents, everyone else moves out. In December I attempt to find new housing. When I try to sign another lease, the leasing company calls the landlord as a reference, and he says I'm still on the lease, and we're responsible for the remaining year.
We hire a lawyer, Landlord hires a lawyer. Our lawyer is one of my roommates cousin. We send a letter saying (1) we never got a list of damages when we moved in (2) we never got a company of a signed lease. He faxed a copy to us, but never signed the lease himself. Under Virginia law, once we start paying rent, we're responsible for at least a year. After that, without a signed lease, we are not liable for second year. Their lawyer says this is not the case. They send a letter seeking damages (carpet installation, carpet, paint, locks changed, damage to hardwood). They produce a copy of a walk-through from 2002. None of us were living there in 2002.
We send a letter back offering to remit security deposit and to pay the remaining years rent (since we never received list of damages, we do not entertain property damages).
Our last communication from our land lord or his lawyer was on November 28, 2006. We haven't heard anything since. Our lawyer says he is seeking another litigator, and there's nothing we can do.
What are our options at this point? It appears as though our land lord is dragging his feet. Are we to wait until he responds to our offer (which may be months), or is there anything we can do in the mean time? I am planning on driving by the property to see if it has been rented. If it has been rented, what are our options then? Does it make a difference if he has NOT been actively marketing the property?
Thanks
Here's the situation. In November of 2005 my friends and I signed a 2 year lease with our land lord. We indicated we only intended to stay for a year, and were told that was fine, just sign the lease, and he verbally committed to letting us end the lease early with 30 days notice. November 2006 rolls around and we call the landlord and verbally notify him of our intent to terminate, and he agrees. We begin to market the property, and advertise it on several public websites. We schedule viewings with the land lord, none of which he shows up for. We send him a certified letter indicating our intent to terminate. He never picks up the letter or signs for it. We vacate November 1, 2006. I move back in with my parents, everyone else moves out. In December I attempt to find new housing. When I try to sign another lease, the leasing company calls the landlord as a reference, and he says I'm still on the lease, and we're responsible for the remaining year.
We hire a lawyer, Landlord hires a lawyer. Our lawyer is one of my roommates cousin. We send a letter saying (1) we never got a list of damages when we moved in (2) we never got a company of a signed lease. He faxed a copy to us, but never signed the lease himself. Under Virginia law, once we start paying rent, we're responsible for at least a year. After that, without a signed lease, we are not liable for second year. Their lawyer says this is not the case. They send a letter seeking damages (carpet installation, carpet, paint, locks changed, damage to hardwood). They produce a copy of a walk-through from 2002. None of us were living there in 2002.
We send a letter back offering to remit security deposit and to pay the remaining years rent (since we never received list of damages, we do not entertain property damages).
Our last communication from our land lord or his lawyer was on November 28, 2006. We haven't heard anything since. Our lawyer says he is seeking another litigator, and there's nothing we can do.
What are our options at this point? It appears as though our land lord is dragging his feet. Are we to wait until he responds to our offer (which may be months), or is there anything we can do in the mean time? I am planning on driving by the property to see if it has been rented. If it has been rented, what are our options then? Does it make a difference if he has NOT been actively marketing the property?
Thanks
