VA- tenant question (me) HELP!

Hampton Roads, Virginia:

For simplicity sake, this has to do with me and a roommate moving in but I may just say "I".

I found a place and said I would take it if three rooms were painted (baths and bedroom, not important). After discussion, I said I would do the labor if the landlord would provide the supplies.

Deal. Old tenants were moving out on Friday. I could get in there over the weekend and work. Landlord was having carpet in on Wednesday. My lease was set to start Saturday.

Landlord told me to switch the utilities in to my name as of Monday BEFORE MY LEASE STARTED. I switched only the electric and water (so I could paint) and he would pay for the usage. This saved him the fees of starting service.

On Tuesday, I decided I was not moving in. Reason doesn't matter.

I gave written notice today, Wednesday. I also said I will finish the painting.

Now, landlord wants penalty payment, fees because I didn't turn on the gas heat, and he talks of not returning any funds AT ALL even if someone rents it tomorrow.

QUESTIONs:
1. Is anything different if the lease hasn't even been executed?
The penalty for early termination is a month's rent. I paid a month's rent already. Do I owe 2 months if I never lived there?

***I understand some penalty should apply, maybe. But the law was on the side of the buyer when they couldn't close on time and I was wondering if it's similar with renters.

2. Am I missing some info about utilities? The Act says tenants should arrange and pay - but I see nothing about that utilities must be turned on. If there is a week between tenants, isn't it the landlord's responsibility to cover the interim?

3. If we are legitimately tenants come Saturday, rent paid in full a month ago, a.)can he come and go without our okay ...and b.)can he rent it while we are the tenants or would he have to reimburse our rent --> ie. can he take rent from 2 different entities for the same dwelling?

THANKS for any and all advice!!!!! This is happening NOW. I want to do the right thing. please help.

[HamptonRds]

I'm sorry. my computer glitched and i don't know how to delete all of these extra duplicate posts.

[forum_admin]

Extra duplicate posts were deleted by me...

I copied my post to this thread since the administrator is going to delete duplicate posts.

Had you signed a lease, and paid a holding fee, you would not get it refunded. Since you didn't, you are eligible for some refund.

You had come to an agreement to rent the unit. That would be obvious to a judge since you already turned over some utilities to your name and were painting the unit. (No one would put utilities in their name or paint a unit they weren't going to move into.) You must have accepted possession since you had the keys to get in to paint. So you had a verbal agreement. Without a written and signed lease, this becomes a verbal month to month agreement. You then have to give the LL your state's required amount of notice to vacate or terminate the contract. WHAT STATE ARE YOU IN? That determines how much notice you are required to give. You are responsible for the rent for that notice period unless the unit is re-rented during that time. Then you are responsible for a prorated amount of rent from Saturday (when you would have moved in) until the unit is re-rented.

1. Since no lease was signed yet, you are considered a month to month tenant. The lease terminaton shouldn't apply since the lease wasn't executed. You are responsible for the notice period of rent as stated above. Buyers laws are different from residential LL-Tenant laws.

2. It is the LL's responsibility to pay for utilities between rentals. Your LL did say he would pay for the utility usage during that period, right? Many LLs require that utilities be turned over to the new tenants' names before executing the lease or giving possession to prevent tenants from failing to turn them over to their names (and continuing to use them on the LL's dime). But you could do this one day before the lease signing or even the day of. Just so long as it is done before signing and the LL can verify that. Some LLs just order the utilities off the day after signing to be sure the tenant has placed them in his name by then.

3. You could force the LL to not enter the unit during the notice period. But keep in mind that he will be unable to rent it then. You would be responsible for the rent for the entire notice period (usually 30 days, sometimes more or less depending on your state law). But many states' laws say the LL has the right to enter as long as prior written notice is given. He can post the notice on the apartment door 24 hours before (or your state's required amount of notice) and just enter if you aren't there to refuse. It would be in your best interest if he could show the unit and re-rent because you would be entitled to the rest of that rent back then. You would only be charged prorated for the days it was empty before it was re-rented. It is illegal to "double dip" (accept rent from 2 perople for the same unit at the same time). The money you are paying is rent and not a termination penalty since you never signed the lease.

[HamptonRds]

Thank you for the info. I don't want to screw the LL so I want to do what's right. I'm in VA (Virginia). I'm advertising for rent so this can all just go away. I have a hard time finding anything about penalties for not starting a lease.

Thank you again.

Your penalty isn't for not signing the lease. The problem you have is that you already took POPSSESSION of the unit (with or without a lease) and started ALTERING it. No one has to sign a lease. But once you take possession, and especially once you start changing the unit to suit your needs, you are already considered a TENANT.

Again, no one has to sign a lease. And since you didn't, that's good news for you. You can simply give your written notice (30 days notice is required in VA) and tell the LL you will be out by the end of December. Keep a copy of the notice and send it by certified mail. Hand him a copy also so he can't say he didn't get it. Pay for the rent and utilities for that month, and move on.

You have no lease and have signed nothing obligating you to any more than a month to month tenant. You are not obligated to advertise the unit or find the LL a new tenant. If you had a lease, you would be obligated to do so and to pay rent until it is re-rented. Since you have no lease, you are not obligated to do these things. Just give notice based on having no lease, and move. The LL may tell you that you are obligated to do this, but you aren't since you never signed. That's the LL's problem for not having you sign before getting possession.