VA- Early termination because of sudden debilitating illness

This is a discussion on VA- Early termination because of sudden debilitating illness within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I am a resident of Virginia and I have two roommates that are on the lease for a grand total ...

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Old Mar 5th, 2009, 02:54 AM   #1
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Unhappy VA- Early termination because of sudden debilitating illness

I am a resident of Virginia and I have two roommates that are on the lease for a grand total of 3 tenants. One of them recently was taken to the hospital with a severe brain bleed and she was unresponsive. She is in extremely bad shape.

My question is under Virginia real estate law is there any way to terminate a lease if one party of the lease suffers severe bodily harm or worse? There is no way we can cover her portion of the rent next month. I would greatly appreciate any insight on Virginia's leasing laws for apartments.
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Old Mar 9th, 2009, 08:44 PM   #2
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Default Re: VA- Early termination because of sudden debilitating illness

Hmmm, so basically she is comatose? Unable to make decisions for herself? Someone in her family (or a court appointed person) should be a power of attorney for her. That person would be responsible for paying the rent from her bank account until they removed her belongings. (In much the same way that the executor of an estate must pay for the rent until they remove the deceased's belongings.) Contact or go to the hospital and see if there is a family member to talk to. Ask if anyone has been appointed for your roommate and ask what you should do since you cannot meet the rent without her portion. They will probably volunteer to remove her belongings so you can re-rent her room. Do this as delicately as possible. They will be emotional and possibly grieving her eminant demise.

She would be allowed out of the lease because under the ADA, the room cannot possibly accomodate her or be modified to accomodate her. You and the other roomate, on the other hand, are not covered under her illness. You still need to pay the rent. I suggest you contact the LL immediately and explain the situation. Ask for some lieniency on the rent (her portion of it) until you can get her belongings out and re-rent it. Offer to sign a payment plan to repay that portion over time. If you move quickly, and the family is cooperative, you should lose no more than her 1/3 of one month of rent.
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