[QUOTE]I am now faced with the decision of going in pro se (I have a law degree, and am registered in NY, but not in Virginia), or hiring an attorney./QUOTE]really?
so it converted automatically to a month to month unless notice by either party was given in writing otherwise. That means as of Aug 31 you were a month to month tenant.Relevant Lease Clauses:
Renewal: LL shall advise Tenant of any LL instructions concerning renewal of the lease. In absence of this notification, the lease shall be deemed renewable on a month-to-month basis under the same terms until either party notifies the other in writing.
Termination: Unless written notice is received by either party not less than 60 days prior to the expiration date, the lease will be deemed renewed on a month-to-month basis.
so, since LL gave notice on 7/15 of no intent to continue on a month to month beyond any period he must allow, you then had 60 days after that to remain as a tenant; 9/15, so of course you would owe for Sept, or at least part of it. Haven't checked but if VA requires notice to be given with regard to rent due date, that could mean you owed for the entire month of Sept since the LL could not demand you terminate mid month.On 7/15/13 (over a month later), I finally receive a response, stating that the LL does not agree to a month-to-month tenancy, and is only interested in a long-term renewal. It also correctly stated that the lease expires on 8/31/13, and asked for a response with my plans to renew or terminate. I responded that I was unable to commit long-term, and therefore chose to terminate (after a few days of scrambling to secure a new place). The LL took this response at the end of July as my 60-day notice, and deducted an extra month's rent (September) from my security deposit.
unless you can prove this:The LL took this response at the end of July as my 60-day notice, and deducted an extra month's rent (September) from my security deposit.
did not simply express your intent to convert to a month to month tenancy but that unless you were allowed to continue on a month to month basis, you could not continue as a tenant.I was contacted by the LL's agent via e-mail on 6/7/13 regarding plans for renewal. I responded the same day expressing wishes to convert to a month-to-month tenancy after the expiration of the lease.
It all boils down to:
was your intent structured such that the LL would be aware that it's month to month or nothing.
yes; you win
no; you lose

