Tenant vacates early, get judgement?
I've noticed recently one of my agents are having some performance issues with tenants, mainly tenants look to be walking all over this agent, they dictate to her whatever they want, breach leases to move somewhere else, etc. It's so much, that we see at least 1 per month out of 100 units, so I have instructed her she will take everyone or anyone to court for vacating early in an attempt to try and help her put her foot down, and control the issue.
She followed the process and took a few people to court, and at least one of the cases that I am currently aware of was dismissed by the judge on the bases the tenant moved out. They went as far as dismissing past due rent for the last month the tenant was in the property, but also the follow month that it was vacant due to the tenant bouncing out with 3 day notice. The agent keeps reminding me of this when we talk about these type of tenants, saying that the judges are now not permitting us to collect on these items... To be clear, we are not trying to collect on the full contract, only the rents owed for the time a tenant was in the unit, or owed rent while we where trying to get a unit rented due to a tenant vacating a unit without notice.
I've spent my years working landlord cases in Virginia, so I am very comfortable in a court room on this topic, and I know from time-to-time a judge may dismiss a case that would normally be won by us. I also know overtime the courts shift their views on things, normally when new judges get seated. Without me having to grab a suit and go hangout in a court room, to take the courts temperature in Virginia on the topic, I wanted to see if anyone else in the last 12 months or less have been running into the courts dismissing, or not dismissing, your lawsuits for rents owed between the time a tenant vacated a unit and you got it rented?