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 !!