If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement, reasonable attorney fees as provided in § 55.1-1245, and the cost of service of any notice under § 55.1-1245 or 55.1-1415 or process by a sheriff or private process server, which cost shall not exceed the amount authorized by § 55.1-1247, and such claims may be enforced, without limitation, by initiating an action for unlawful entry or detainer. Actual damages for breach of the rental agreement may include a claim for rent that would have accrued until the expiration of the term of the rental agreement or until a tenancy pursuant to a new rental agreement commences, whichever occurs first, provided that nothing contained in this section shall diminish the duty of the landlord to mitigate actual damages for breach of the rental agreement. In obtaining post-possession judgments for actual damages as defined in this section, the landlord shall not seek a judgment for accelerated rent through the end of the term of the tenancy.
刚搬来两周的白人退休单身老太太,她来电说:“我要明天就搬走,你退我后两周的房租和押金(一个月的房租)!”
理由是她头上公寓的一家子,老是轮流洗澡,楼上的沖水声,吵得她不安,每天半夜也洗,让她失眠,已看了医生,有收据。
看样子,不照她的要求,随时准备上法庭了吧?
我又没办法去叫她楼上的一家子,不洗澡,或她不睡觉的时候洗?
如果你是房东,你让她无赔搬,又退租金押金吗?头疼!
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https://law.lis.virginia.gov/vacode/55.1-1251/
§ 55.1-1251. Remedy after termination.If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement, reasonable attorney fees as provided in § 55.1-1245, and the cost of service of any notice under § 55.1-1245 or 55.1-1415 or process by a sheriff or private process server, which cost shall not exceed the amount authorized by § 55.1-1247, and such claims may be enforced, without limitation, by initiating an action for unlawful entry or detainer. Actual damages for breach of the rental agreement may include a claim for rent that would have accrued until the expiration of the term of the rental agreement or until a tenancy pursuant to a new rental agreement commences, whichever occurs first, provided that nothing contained in this section shall diminish the duty of the landlord to mitigate actual damages for breach of the rental agreement. In obtaining post-possession judgments for actual damages as defined in this section, the landlord shall not seek a judgment for accelerated rent through the end of the term of the tenancy.
Actual damage = 你最后确实损失的那部分。
你还有义务“mitigate damage”,就是尽快登广告出租下一家。
如果她在撒谎,能特地跑诊所拿收据撒谎的说明此人睚眦必报。反正是个烫手的山芋,这样的人不适合做长期租客。