Ashburn, VA asked in Landlord - Tenant for Virginia

Q: living in Virginia, yearly lease end 03/30/23 and I gave the notice on 02/20 but landlord said my vacate date 04/20

Landlord said that i need to provide 60 days' notice or else the lease will automatically renew on a month-month basis. Now I am stuck paying double rent. when I gave the notice i added my vacate date as 04/01 but they never responded on that and when i asked about my dates they said its 04/20

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1 Lawyer Answer
Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: Read your lease. Some leases have an extended notice period such as 60 days (which your landlord is telling you). Your lease controls if it was written correctly. In leases I've drafted the following paragraph was included:

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YOU and WE may terminate this lease by giving to the other party written notice of YOUR or OUR intentions at least sixty (60) days before the date this lease is to end. If nobody gives notice, then at the end of the lease term, this lease continues on a month-month basis at the same monthly rental then in effect. The effective date of all termination notices shall be the last day of the second month following the month in which notice of termination is given (EXAMPLE: Notice given June 15th will be effective August 31st.)

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Yes, I included the example so it was clear how notice was interpreted.

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