My question involves landlord-tenant law in the State of: (Virginia) I had 21days of a 5 year lease agreement left before it was set to expire (12/31/08) when my landlord came in with a rent increase notice, effective 1/1/09. She had previously delivered a notice of increase to a business in the unit next to mine (strip mall) but that notice was delivered in August, 2008. His lease was due to expire on the same date as mine. He chose not to renew. I heard nothing at that time and the landlord subsequently stopped in my office in October expressing her wishes that we would stay on, all without any notice of an increase. Now with only three weeks left on the lease, she delivered an increase notice.
Being a doctors office, it would take much longer to ready the practice for a move. I feel it is unreasonable to give such a notice in that short a time period.
In addition, there is a holdover clause in my lease that states: If Tenant remains in possession of the Demised Premises or any part thereof after the expiration of the term of this lease with the Landlord's acquiescence and without any written agreement of the parties, Tenant will be treated as a holdover Tenant on a year to year basis using the above increase in rents due. That increase amount is 3%
My contention is that there wasn't sufficient notice given to cause me to not be treated as a holdover tenant and since the lease stipulates on a year to year basis, that would make it good for another year.
Any problems with that assumption? I would appreciate your help and advice.