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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Moving Out Prior to End of 30 Day Notice

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

    I have a rental property in the State of Virginia. My (ex) tenant gave me a 30 day notice on September 8, 2009. The tenant moved out on September 30, 2009. I have informed tenant that she is still responsible for the remaining 8 days (Oct 1 - Oct 8). The tenant feels that since the premises was vacated on September 30, she should not be held accountable for the 8 days because she was not in posession of the property.

    I've referred this person to the VA Landlord Tenant Handbook, but tenant doesn't see anywhere where there's accountability for the last 8 days. I have also mentioned that the last 8 days rent would be deducted from the security deposit based on VA code 55-248.15:1. Tenant is under the assumption that rent cannot be taken out of the security deposit. But aren't the last 8 days considered "accrued rent" per the above VA code?

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

    Default Re: Moving Out Prior to End of 30 Day Notice

    They're responsible for rent through the end of their tenancy. If their tenancy ended on September 8, that's the date their responsibility ends. How hard do you have to think before you realize that there's no meaning to giving thirty days notice if you can move out the same day with impunity.

  3. #3
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Moving Out Prior to End of 30 Day Notice

    Was this tenant on a term lease or month to month?

    If a month to month....she failed to give proper notice and owes for the full month of November.

    http://leg1.state.va.us/cgi-bin/legp...+cod+55-248.37

  4. #4
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Moving Out Prior to End of 30 Day Notice

    She was on a month to month.
    Thanks for the information.

  5. #5
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Moving Out Prior to End of 30 Day Notice

    She owes through the 8th and if stated in your rental agreement, you can deduct this from the deposit.

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