Q: I rent a apartment in Norfolk, VA. My lease is up Feb 28, 2018.
My lease said that he must give me at least 90 notice to increase the rent or change the terms. He only gave me 83 days notice. Can I make him stick to the old terms and not raise my rent?
j. Cancellation and Renewal of Lease: Either party may terminate this Lease effective as of the end of the then-existing Term by giving the other party written notice at least 60 days before the end of the then-existing Term. If no such notice of termination is given, the Term of this Lease shall be extended for self-renewing terms of . If Landlord intends to change the terms or conditions of this Lease, including increasing the Rent, for any renewal term thereafter, Landlord will give Tenant written notice of the new terms and conditions (the “Renewal Notice”) at least 90 days prior to the end of the then applicable term. Should Tenant fail to provide Landlord written notice at least 60 days prior to the expiration of any Lease Term of Tenant’s intentions to remain in the Dwelling Unit, or vacate,
A: Virginia courts are most likely to enforce leases exactly as they are written. You may, however, need to defend your position in court, and that may cost more than the amount in dispute. Most of the cases before the judge will have little or no defense, and there will be a large number of cases, so it will be incumbent on you to stand out from the crowd. The best way to accomplish this is to be prepared with a lawyer at the hearing with your arguments and evidence ready to go. If you are going to have a lawyer then, you might save money by retaining the lawyer from the start. The landlord, upon realizing that the case will be defended professionally, may back down. You might even get lucky, and the lease may shift the burden for legal fees, in which case your lawyer will be paid by money that would have gone to rent. If you do need counsel in the Norfolk area, I may be able to make a referral.
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