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  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Default How Many Days Can I Still Live in the Rented House

    Hi,

    I have been renting the current house since November 2009. The initial lease term was for one year and ended in November 2010. After that, however, the landlord never asked me to sign any renewal document. I have been continuously living in the house, paying the rent fee every month. Today (June 3), the landlord appeared and asked me to vacate the house in 45 days.

    The lease reads as follows:

    "The Term ("Lease Term") will begin at noon on November 29, 2009, and ends at 5m on November 29, 2010. Should Tenant fail to vacate as scheduled, the per diem rate will double.

    This Lease shall not be extended automatically from month to month upon the same terms and conditions as set forth in this Lease. Notwithstanding the foregoing, prior to the expiration of the initial Lease term or expiration of any extended Term, either of the parties may give the other at lease 45 days written Notice of intention not to extend this Lease. If this Lease is extended, 45 days prior written Notice by either party shall be required to terminate this Lease. This Notice to terminate the Lease shall be received no later than the first day of the month and the tenancy shall terminate on the last day of the month."

    My questions are:

    (1) Is my lease automatically renewed with a current expiration date of November 2011, seeing that no party gave the 45-day “written Notice of intention not to extend this Lease”?

    (2) It is felt from the lease that any party is able to terminate the lease in the middle of an active lease, without the consent of the other party. Do I understand it correctly?

    (3) The landlord gives me the 45-day written notice on June 3, which is “later than the first day of the month”. Therefore, officially the landlord’s 45-day notice will not be effective until July 1. Adding 45 days to it, I need to move out on August 14. However, the lease says that “the tenancy shall terminate on the last day of the month." So the actual date I have to move out is August 31. Do I understand it correctly?

    Thanks for your expert opinions!

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: How Many Days Can I Still Live in the Rented House

    Since you didn't put a state I am assuming Virginia due to your tag, if it is a different state other rules may apply.

    You have until Aug 15th as I read the contract. The only part that confuses me is the reciept no later than the first but termination at the end of the month. Months generally don't have 45 days in them, so I suppose he got this from a boilerplate site. Normally a lease would revert to a month-to-month tenancy upon termination (VA 55.248.7d), however, since the landlord included as part of the contract that it would not go that route then VA 55.248.8 comes into effect. The code section basicallys states that because you paid and the landlord accepted the rent in absense a signed agreement, the terms of any such agreement would be upheld. You have an agreement and even though you didn't sign anything to extend it the fact that the LL accepted the rent it is seen as a de facto signiture on both parts and the lease agreeement is enforceable.

    I suggest sending a letter to the landlord stating that VA 55.248.8 extends the lease agreement, that the notice to move was not recieved before the first of the month and doesn't take effect until July 1. You'll be moving out no later than Aug 15.

  3. #3
    Join Date
    Jun 2011
    Posts
    2

    Default Re: How Many Days Can I Still Live in the Rented House

    FYI, My question involves the lease problem in the state of: Vriginia

    Many thanks to antrc170's prompt and expert response!

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