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  1. #1
    Join Date
    Jul 2008
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    1

    Default Insufficient 60-Day Notice to Vacate Fee

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

    We gave our landlord 53 days notice to vacate at the expiration of our year-to-year lease. It was completely accidental that we did not give the 60 days notice mentioned in our lease.

    A few days later, we received a charge from the landlord for 7 days insufficient notice in the amount of: $445.00

    Only one section of our lease discusses renewals and notices to vacate at the termination of the lease. It reads:

    "RENEWAL TERM: Either party may terminate this Lease Agreement at the end of the term by giving the other party sixty (60) days written notice prior to the end of the initial term as provided in paragraph 7, but if no notice is given, then this Lease Agreement will be extended on a month-to-month basis under the same terms and conditions contained in this Lease Agreement; provided, however, that Landlord reserves the right to increase the rental rate or modify other terms of this Lease Agreement as of the end of the initial term or at the effective date of the modification. Notice from one tenant occupant constitutes notice for all tenant occupants living in the same dwelling. After renewal of this Lease Agreement, Resident has the right to terminate this Lease Agreement as of the last day of a calendar month, by giving written notice to Landlord thirty (30) days prior to the expiration of the then current month-to-month term. Notice of rental increase or modification of other terms shall not terminate the Lease Agreement, which shall continue until a proper termination notice is given. In the event of such termination by Resident, Resident shall pay all monies due through the date of termination and shall return the Apartment to Landlord in good and clean condition less reasonable wear and tear."

    Paragraph 7, referenced in the above section, deals with early termination of the lease.

    We've asked for documentation from the landlord explaining this charge and they have not provided any. When you do the math, it totals slightly less per diem than the month-to-month rental rate, and far more than our current rate broken to per diem charges.

    My question is: Can they charge us for 7 days less than the 60 days asked for? It doesn't make sense in this case -- it was an honest mistake, they aren't out any damages, no charge for insufficient notice is even hinted at in the lease agreement, etc.

    Also, they are still sending us offers for lease renewal -- but we have a new lease already set up elsewhere.

    Any advice?

  2. #2

    Default Re: Insufficient 60-Day Notice to Vacate Fee

    If I am reading this correctly, you could have been held to the lease and made to pay for an additional month so that you got that sixty days in. So you should probably consider yourself lucky you don't have to pay more, though you would have gotten to live there for one more month.

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