Results 1 to 4 of 4
  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Lease Termination Notice vs. Holdover Notice

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

    The one-year lease requires 60 days notice prior to the end of the lease term. The lease term ended 4-30-08. The lease states that the lease “automatically renewed on a month-to-month basis” and “without the execution of any new lease or other instrument whatsoever, and the resident shall be considered a holdover tenant.”

    The lease also states: "“The holdover tenancy may be terminated by either party giving thirty (30) days advance written notice to the other party.” whcih is consistent with Virginia Code title 55 which states: "“The landlord or tenant may terminate a month-to-month tenancy by serving written notice on the other at least 30 days prior to the next rent due date”.

    Notice to vacate was given on 3-30-08 and we moved out prior to the end of April.

    The way I read the lease is that the penalty for not providing 60 days notice is that the lease changes to a hold-over tenancy as of May 1. And that 30 day notice is required to terminate the holdover tenancy. Since 3-30-08 is greater than 30 days prior to the start of the hold-over tenancy the lease does not address or is at least ambiguous on this point. The rent was $995 per month for the first year, scheduled to go to $1200+ but the month-to-month "insufficent notice" charge was over $1585, which we could not afford.

    Although I agree that 60 days notice was not provided and therefore according to Section 27 of the contract, as of May 1, 2008 the lease “automatically renewed on a month-to-month basis” and “without the execution of any new lease or other instrument whatsoever, and the resident shall be considered a holdover tenant.” However, since the holdover tenancy may be terminated by either party giving thirty (30) days advance written notice to the other party.” and we gave 30 days notice on March 30, 2008 there is no justification for such a charge.

    Thoughts? Help?

    Thank you !!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lease Termination Notice Vs. Holdover Notice

    Often there is language in a lease to the effect that the continuing tenancy will be on the same terms and conditions as applied to the original lease. That type of language could cause the 60 day notice requirement to apply even after the end of the original lease term. (It's really not possible to interpret a lease without reading it.)

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Lease Termination Notice Vs. Holdover Notice

    I understand the difficulty in this format, but appreciate the feedback none-the-less.

    In VA a hold-over tenancy period or a month-to-month lease cannot require more than 30 days notice. This requirement is consistent with the lease terms that require 30 days notice to cancel the hold-over tenancy. The problem is that the landlord thinks you cannot give that notice until the hold-over tenancy period begins and I say there is nothting in the contract that states that restriction.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lease Termination Notice Vs. Holdover Notice

    Looking back on what you posted, "The holdover tenancy may be terminated by either party giving thirty (30) days advance written notice to the other party", if the lease specifically states the amount of notice that is required, statutes aside, I don't see why that language wouldn't govern.

    1. Sponsored Links
       

Similar Threads

  1. Giving Notice: No Lease Termination Despite Notice
    By GMOut in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-30-2011, 04:36 AM
  2. Giving Notice: Tenants Gave Written Notice of Renewal of Lease, Now Giving 30-Days Notice
    By livyatan in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-16-2010, 10:24 PM
  3. Giving Notice: Termination Notice for Joint Lease
    By sl50517 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-20-2009, 06:44 AM
  4. Rental Agreements: Early Lease Termination With 60 Day Notice
    By graysean in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-19-2008, 10:03 AM
  5. Rental Agreements: Lease Says 60 Day Notice But State Law Says No Notice Necessary
    By imbm24@gmail.com in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 06-16-2008, 04:39 AM
 
 
Sponsored Links

Legal Help, Information and Resources