Is the 60 Day Notice Required or Can I Give a 30 Day Notice State of Virginia
My question involves landlord-tenant law in the State of: Virginia
My wife an I are trying to move due to rowdy neighbors. We have had enough of sleepless nights and are ready to get out.
Our lease reads:
The Landlord leases to the Lessee(s) the premises located at.....for a term to commence on January 1st, 2010. At the end of this lease term, the Lease shall automatically be continued on a month to month basis for an entire month, but the Leessee(s) may not leave from November 1st through March. Either party may terminate this lease either at the end of the term or after it has converted to a month to month basis by providing a written notice sixty (60) days prior to termination. Oral notification is not sufficient.
I notice no original lease term and I'm trying to give 30 days notice and get out of this place. Are any of these restrictions legal in Virginia?
Re: Is the 60 Day Notice Required or Can I Give a 30 Day Notice State of Virginia
The 60 day notice is required - this is what you agreed to be bound to when you signed your lease.
Re: Is the 60 Day Notice Required or Can I Give a 30 Day Notice State of Virginia
Even though Virginia law 55-222 states 30 days and no 1 year term was ever placed on the lease? I'm questioning whether the lease was ever something that could be enforced.
Re: Is the 60 Day Notice Required or Can I Give a 30 Day Notice State of Virginia
You are required by law to give 30 days. The LL can allow you to give less than that state mandated time, but cannot force you to give more than the state mandate. A tenancy is assumed to be a year lease unless otherwise specified, which requires a 3 month notice so the LL is allowed to let you go with a 60 day notice. However, once it reverted to a month to month lease the state 30 day notice kicked in.