Alexandria, VA asked in Landlord - Tenant for Virginia

Q: Failed to give 60 day written notice to vacate apartment. Management threatening to go to collections for extra month.

I signed a short term (4 month lease) . I made it clear at the time of lease that I would be leaving for work at the end of the 4 months.

The lease states "If Landlord elects to renew the Lease, the Tenant will be notified of any proposed changes to the Lease between sixty (60) and seventy-five (75) days before the end of the current Lease."

The management said they sent me an email 75 days before end of the lease which would have been (30 days after the lease began) that rent would increase. They may have but I did not see it and did not give notice to vacate until Mid April (end of lease was May 5th).

Apartment is threatening to go to collections for the prorated last month (May 5th until Jun 5th) because I did not give the 60 day notice. I gave notice on around 4/15 but they said that would still make me responsible for one month rent.

Anything I can do. I do not my credit to screw up. I find it unfair that a short term lease has this.

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: You should ask the management to show you the email that allegedly notified you that the rent would increase. Generally, a written lease, even for 4 months, cannot be modified except by a writing that is signed by both the tenant and the landlord. Unilateral modifications are unenforceable in Virginia. If management bring a claim in court, they have the burden of proof to show they have a right to the additional rental amount. You may want to seek advice form a local attorney.

1 user found this answer helpful

John Andrew Maghamez
John Andrew Maghamez
Answered
  • Richmond, VA
  • Licensed in Virginia

A: I would really have to see the lease before I could give you a definitive answer. What does the lease say regarding your termination of the lease? There are many questions to answer

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