Charlotte, NC asked in Real Estate Law and Landlord - Tenant for Virginia

Q: When I initially moved into my apartment six years ago, it was towards the end of the month and I paid prorated rent for

the partial month. However, my lease term started the following month and expired at the conclusion of the twelveth month. Each lease renewal would be for twelve months. The ownership of the property changed four years ago and upon the renewal of this year's lease, the landlord is attempting to charge prorated rent as if I was just moving in again in the partial month proceeding the month in which my lease term starts. I was verbally inform of this with the prorated amount written on a post it note and not mentioned anywhere in the new lease agreement. The lease term is from August 1st to July 31st, as was my current lease. The landlord is prorating July, but I've already paid my rent for July under my current lease. Can this landlord lawfully charge prorated rent in this instance? Location is Chesapeake, VA

1 Lawyer Answer

A: Whatever is the rent amount in the new lease agreement will be binding on both the landlord and the tenant. Oral agreements or post it notes are not binding agreements.

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