Q: Is Statute of Limitations for Oral Agreement based on when the Tenant moves in or out of Landlord's property?
A: The statute of limitations on an oral agreement 3 years from the last payment under the lease.
A:
I'm not sure I understand the facts you are presenting. Generally, a contract for real estate, including a leasehold, must be in writing, and any oral communication is ineffective. A great lawyer, after being paid quite well, can often find some writing that satisfies the Statute of Frauds in the transactions between the parties, and he or she might then be able to convince a judge that the written agreement was sufficiently non-specific that the oral agreement should be considered binding as parole evidence. But, that is probably not the best way to proceed unless your objective is to support a lawyer's practice. Besides, the statute of limitations would seem to run from the written agreement, whatever that was. As to the applicability of the Statute of Limitations to an oral agreement to vacate, I haven't yet been able to imagine facts in which that would be material.
Hmm... Long term written lease entered long ago.... Landlord seeks to recover possession.... Tenant promises orally to vacate when the blue moon rises over the North Forty.... Many a blue moon passes, but Tenant never leaves.... Have a got it?
When I understand the facts at issue, we can seek to apply the correct Virginia statute of limitations.
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