Posted by Matt Gilchrist on 8/25/07

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I have a question relating to a landlord-tenant dispute in
Virginia.

In July, I contacted someone looking to sub-let a room in
my townhome. She stated that she was looking to move to
this area from Colorado, and that she wanted a month-to-
month arrangement, in that she was looking to sell her
home, but did not know how long it would take. We agreed
on a monthly rent of $650, to include rent and utilities.
She agreed orally on the price, and I agreed with the
monthly-arrangement. She said that she would be moving in
at the beginning of August. She said on the phone that even
though she had not seen my home, she figured that worse
comes to worse, she could always put up with anything for
at least a month. I agreed that she could sign a rental
agreement when she arrived. She reserved the room for
August by promptly sending me a personal check for $650 (or
one month's rent). I also agreed that because she was
trying to save money, I would not charge any other security
deposit.

She moved in on August 3rd, or the first Saturday of the
month. In advance of moving in, she had had several boxes
of her personal things shipped ahead, as well as a bed and
mattress delivered, the latter of which I actually stayed
home for two week days waiting for a delivery for. Almost
immediately from when she moved in, she started to
complain. While I do not believe I misrepresented anything
at all, it was clear that she was not pleased with the size
of the room, the size of the closet, the temperature of the
room (it was in the midst of a heat wave, and the room was
on the top floor, and a tad bit stuffy). After a couple of
days, she complained about the length of commute she was
making. On her first weekend, she mentioned that this
would never due. I offered her the choice to stay in the
basement, where there was more room, but no private
bathroom. She chose not to accept.

Due to conflicting schedules, we saw very little of each
other the first weekend. On Monday, I presented her with a
copy of the rental agreement I had drafted. It was simple
in nature, and more or less clarified the stipuations which
we discussed on the phone, and I offered her the option of
discussing any parts that she might not understand or agree
with. She took the agreement and said that she would look
over it.

On Wednesday night/Thursday morning, I received an email
from her, stating that she had decided "not to accept my
offer". She said that she had located a new home, and
would move out that Saturday morning. We did not have any
further discussion about it, although I did email her back,
stating that I was sorry to hear that she was not
comfortable, and that I understood that she had to do what
she wanted to. She promptly moved, and left her key, and
cleaned out all of her possessions.

A week later, she emailed me, giving a mailing address
where I could send her a prorated refund of her rent. I
was surprised at such a request, in that I felt that she
unilaterally decided to move. I did not feel as though I
misrepresented anything, provided full access to my home in
good faith, and that it was her choice to abandon the
room. Leaving in the middle of the month essentially did
not permit me to immediately find a new roommate. While I
understand that it is not her concern, I also did not have
her rent any longer, having applied it to the monthly rent
at the beginning of the month.

My question is this: Without having a rental contract ever
signed, is the oral agreement, accompanied by a check for
the month of August, an implied agreement that she would be
renting for the whole month, whether she stayed or not? It
is my feeling that we never once discussed any sort of
daily/weekly rate, and as such when a monthly rent is
discussed, does that imply that it would be for the entire
month, whether she stays or not? I would contend that
without agreeing to an alterior agreement, such an oral
agreement would suggest that her decision not to stay would
imply that she is abandoning her rent for the month.

In the end, would the law of Virginia (or anywhere else)
suggest that I owe her the prorated portion of the rent, or
am I justified in my understanding?

Re: Rental Agreement, 8/25/07, by --.

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