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  1. #1
    Join Date
    Jan 2010
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    2

    Default What Notice is Required to Move Out After Expiration of Initial Lease Term

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

    I rented a home for 2+ years, I agreed to sign a lease for a third year. I signed the new lease and the landlord came back 3 months later and stated he was selling the home, he stated he never signed the new lease. The house was put up for short sale as landlord was facing foreclosure. The 2nd lease ended in June 09, I stayed until December 09 and vacated with 2 week notice to landlord as there was a pending contract on the home. Landlord is trying to keep deposit saying I owed a 60 day notice.

    Lease says "the lease term shall not be extended automatically from month to month upon the same conditions as set forth in this lease. Notwithstanding the foregoing, prior to the of the initial Lease Term or expiration of any extended term, either of the parties may give the other at least 60 days written notice of intention not to extend the lease. My question is that since the lease term expired and was not extended, am I obligated to give 60 days?

    Also landlord did not give itemized list of deductions from deposit (more than 30 days has passed) Landlord is stating that he is keeping deposit to cover the 60 days of unpaid rent.

    Any help would be appreciated.

  2. #2
    Join Date
    Sep 2005
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    Default Re: What Notice is Required to Move Out After Expiration of Initial Lease Term

    As I read the quoted language, the sixty day notice applies only if you wish to notify the landlord that you're not willing to renew the lease upon its expiration. As the lease is otherwise, expressly, not extended automatically upon the same conditions, the consequence non-renewal would appear to be that you became a month-to-month common law tenant. Granted, the landlord could try to argue that your signature on the lease is enforceable, but that would be a bit of a stretch given that he disavowed the lease, wanted you out prior to the expiration of the lease term and hasn't suggested that you owe rent through the expiration of the lease.
    Quote Quoting Virginia Code § 55-222. Notice to terminate a tenancy; on whom served; when necessary
    A tenancy from year to year may be terminated by either party giving three months' notice, in writing, prior to the end of any year of the tenancy, of his intention to terminate the same. A tenancy from month to month may be terminated by either party giving 30 days' notice in writing, prior to the next rent due date, of his intention to terminate the same. In addition to the termination rights set forth above, and notwithstanding the terms of the lease, the landlord may terminate the lease due to rehabilitation or a change in the use of all or any part of a building containing at least four residential units, upon 120 days' prior written notice to the tenant. Changes shall include but not be limited to conversion to hotel, motel, apartment hotel or other commercial use, planned unit development, substantial rehabilitation, demolition or sale to a contract purchaser requiring an empty building. This 120-day notice requirement shall not be waived; however, a period of less than 120 days may be agreed upon by both the landlord and tenant in a written agreement separate from the rental agreement or lease executed after such notice is given and applicable only to the 120-day notice period. When such notice is to the tenant it may be served upon him or upon anyone holding under him the leased premises, or any part thereof. When it is by the tenant it may be served upon anyone who, at the time, owns the premises in whole or in part, or the agent of such owner, or according to the common law. This section shall not apply when, by special agreement, no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time. The written notice required by this section to terminate a tenancy shall not be contained in the rental agreement or lease, but shall be a separate writing.

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: What Notice is Required to Move Out After Expiration of Initial Lease Term

    Thanks for your help and it clears up much for me!
    Again, thanks for your help!

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