Breaking a Lease Can LL Sue Using Sms Text As Confirmation for Moving-in and Backing

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My question involves landlord-tenant law in the State of Virginia

I've been living at the place for 10 months. About the place, there are two rooms in the underground basement and I'm living in one of them. The second room has no outside window/ventilation. It has two doors. One connects to the hall and the other connects to a restroom. The restroom has a second door that connects to same hall. There is a wet bar kind of kitchen with no fixed stove.

- In March 2015 third week, since the second room is going to be vacant end of April 2015, I asked the land lord if I may take the second room from May 2015 since I may have guests visiting me for a month. He happily agreed to it and gave time till Apr 7, 2015 to confirm.

- On April 5, 2015, I confirmed him via SMS text message that I would be renting the other room from May 1, 2015

- On April 10, 2015, I took back my word as I found another ground level basement that would be comfortable for me and my guests. So I informed him of not being able to rent the other room.

Per lease, a 30 day notice from 1st of month is required and he collected 1 month rent security deposit from me. So, I informed him by e-mail I would leave at end of April 2015 and he can keep my security deposit towards May 2015 rent for my room and requested him to free me of obligations for second room. He explained me last month rent is not equal to security deposit. I went through lease and understood the terms. I agreed to pay the rent for May 2015 with out me staying at the place. He would also give me back the deposit as applicable per lease.

The problem now is, LL wants me to pay the rent for other room as well for May 2015 as I confirmed and he lost prospective tenants. He is threatening me of suing using the text message on basis of cheating if I don't pay the rent for May 2015 for 2nd room. I'm trying to find my rights in this case. I pay him rent through online transfer, so I'm assuming he pays taxes for it and the basement is a legal to rent. If the place is not legal, he cannot sue me. Also, I'm concerned I may not be able sue him for my deposit if the place is not legal. From tax assessment of the property, I see the finished basement sqft is included in total SFLA. There is no information on rental unit.

I understand in the whole episode I made mistake by taking back my word, but that is not a long enough gap to lose prospective tenants and the end of month is still 20 days. I need suggestions on how strong the SMS confirmation with out legal agreements holds good in court. Also considering the situation of second room, i.e., no ventilation or outside exit form the house. The rent per room per month is $600. In the worst event that I must go to small claims court to get my deposit back, how much it might cost me ?
 
If you don't pay, he'll have to sue you to collect.
I'm betting that anyone renting a rathole in a windowless basement isn't too well off, so you might not have too much to worry about.

Good luck.
 
LOL at army judge for his answer. Leverage is key. :)

Regarding legalities.... if the apartment is an illegal rental, the landlord won't even be able to use housing court or small claims court and it would probably cause even greater trouble to do so. Regarding the "taking back your word" - if this was a legal lease, and we will assume it is, the time you take before revoking your consent is irrelevant as far as your contractual obligations go. One he offers and you agree, a binding and enforceable agreement is created. What you are talking about is mitigation of damages, which the non-breaching party is typically required to do. However, you would still be liable to pay the full amount of the rent under the lease, regardless of the fact that damages might have been able to be mitigated but the landlord was unsuccessful in finding another tenant.

The bottom line is that it's almost certain that the landlord will not pursue legal action against you although nothing is certain without us knowing all the facts. Good luck in your new apartment.
 
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