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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Did I Extend My Lease

    My question involves landlord-tenant law in the State of: Virginia

    My lease term began May 1, 2011 and ended 4/30/2012. 60 days prior to the end of the term, I requested a 2 month extension (through 6/30/2012) which my landlord accepted via email. As agreed, in mid-May, I notified my landlord via email that I did wish to extend at which point he stated that he would send an addendum to extend the term of the lease. I replied that I wished to extend through 6/30/2013 but have not since heard back from him (nor have I received/executed the addendum to extend the lease).

    The lease term states "This Lease Term shall not be extended automatically from month to month upon the same terms and conditions as set forth in this Lease ("Extended Term"). Prior to expiration of the initial Lease Term or expiration of any Extended Term, either of the parties shall five the other at least 60 days written Notice of intention to terminate this Lease. If this Lease is extended, 45 days prior written Notice by either party shall be required to terminate this Lease."

    Since our last communication, I have become interested in relocating. Did I legally extend the term of my lease even though I did not execute an addendum (and this was a failure to send on the landlord's part) -- in which case I would have to abide by the terms of breaking the lease? OR am I now in a month-to-month or hold-over scenario where 60/45/30 days notice would be sufficient? And if so, which?

    Thanks for your input!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Did I Extend My Lease

    If you and your landlord agree to a month-to-month extension of the lease, you may do so even if the lease provides that such an extension is not automatic.

    However, the discussion of the 60-day extension appears to be moot, as you appear to be telling us that you instructed your landlord that you wanted to bind yourself to an additional full year of tenancy. From what you have told us so far, it appears that you did exactly that.

    Start by clarifying the status of your landlord's understanding by asking him his position, and get back to us.

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