Breaking a lease in Virginia (roommates, illegal drugs)

[mel0one]

My son is in a year lease in an apartment complex with 2 roommates in Virginia that will end in April of 2012. My son works for the DOC and can not be around any illegal activity's or he will lose his job. One of his roommates is a female. Recently, her boyfriend has been staying in the apartment. The other day he came home from work and they were doing illegal drugs. Unfortunatly, he did not call the police, he did let the roomate and her boyfriend know that he would if it were to happen again. The lease only allows you to break it if you find another renter. My son is moving out tomorrow, he is talking to the LL and letting her know what is going on. He can not stay there. What rights does he have?

[AFFA]

I wish to inform you that your sons rights are governed by his lease agreement. In this regard if he intends to terminate his lease agreement then he will have to find a replacement or pay loss of the landlord because of hi early termination. As regards illegal drugs your son may take the position that he was not involved in such activities and till the time he is in premises he may take steps to protect himself that an ordinary person visiting must not assume that he is involved which he can do by separating his portion of property rented from other persons.

AFF

[Friend In Court]

Originally Posted by mel0one My son is in a year lease in an apartment complex with 2 roommates in Virginia that will end in April of 2012. My son works for the DOC and can not be around any illegal activity's or he will lose his job. One of his roommates is a female. Recently, her boyfriend has been staying in the apartment. The other day he came home from work and they were doing illegal drugs. Unfortunatly, he did not call the police, he did let the roomate and her boyfriend know that he would if it were to happen again. The lease only allows you to break it if you find another renter. My son is moving out tomorrow, he is talking to the LL and letting her know what is going on. He can not stay there. What rights does he have?

All standard leases contain a clause prohibiting illegal activity. His first course of action should have been to notify management and let them deal with the problem. If they refused to, then he would have had grounds to break the lease.

I would be concerned about his precipitously walking away from the lease on these grounds. If both the boyfriend and girlfriend are habitual users, then the lease could go into default and he would be stuck. If the girl relied upon his income to pay half the rent, then default is looming unless she finds someone quick to pay his share of the lease.

He has a right not to remain where drugs are used on the premises. On the other hand he has an obligation to pay the lease and not just pick up and leave -- for activity that only he knows about and cannot document. I would suggest that he report to management and let them take the ball from there over just moving out when he can get hung with the lease until April next year.

[mel0one]

Thank you both for your reply's. @ AFFA, His property is somewhat seprated already, meaning, he has his own bedroom, but they share a living room, and kitchen. The person doing the illegal drugs is the female roomates boyfriend, he is not on the lease. After more conversation with my son, I have found out that this boyfriend has been staying at the apartment against my sons wishes. There is a total of three people on the lease. The other roomate, a male, works odd hours and is hardly there. The lease does state that use of illegal drugs will void the lease, also a person staying there longer than a week needs to be on the lease, (which this guy has been there for a month).

I may have mislead you when I said my son was moving out, he is moving out, however, he has plans to continue to pay his portion of the rent simply because he can not be in default. As I said before, he works for the DOC and can not have anything negative on his record. He is going to talk to the LL today, so we will see what happens.