Are leases transferrable from one landlord to another?
June 20, 2009 4:15 AM Subscribe
The owners of my apartment building have turned control of the building over from the extremely reputable apartment management company that I signed a lease with to a much less reputable company. Am I legally bound to continue honoring the lease? Since my earlier question
, I've done research into the law and my specific lease. My recourse isn't obvious to me. What to do? (Arlington County, VA)
posted by charmston to Law & Government (8 answers total)
The first section of my lease:
THIS LEASE AGREEMENT
is made this 28th
day of October
, by and between [OLD LEASING COMPANY]
, LANDLORD, AND [My Full Name]
THIS LEASE AGREEMENT IS GOVERNED BY THE VIRGINIA RESIDENTIAL LANDLORD AND TENANT ACT (VRLTA)(55-248.2 et. Virginia Code)
WHICH IS INCORPORATED HEREIN BY REFERENCE. FAILURE TO COMPLY WITH ANY REQUIREMENT OF THIS LEASE OR OF THE VIRGINIA RESIDENTIAL LANDLORD & TENANT ACT OR ANY OTHER APPLICABLE LAW IS A BREACH OF THIS LEASE.
The Landlord is a nonresidential owner as defined in VA code Section 5-218.1
. The agent appointed by the Landlord is [OLD MANAGEMENT COMPANY]. The agen'ts business address in Virginia is [Old Management Company's Address]. The agent's name and address is also filed in the office of the Clerk of the Circuit Court for the county or city in which the residential unit lies.
For and in consideration of the rent herein agreed to be paid, and the rights, and obligations of the respective parties agreed to herein, the Landlord hereby leases to the Tenant above named, and the Tenant leases from the Landlord the following rental unit on the terms and conditions as stated in this Lease.
There are a few things that interest me:
- In the first paragraph, my old leasing company is explicitly defined as landlord. There are no mentions of the building's owner throughout the lease.
- VA 55-248.15 states that "notice of any change by a landlord or tenant in any terms or provisions of a tenancy at will shall constitute a notice to vacate the premises". Am I right in that this seems to imply that I can make a clean break?
- Possibly also relevant, VA 55-248.21 seems to give me the power to get out with 30 days' notice.
Thanks for any help!