Q: Can a tenant leave before 30 days after the tenant has given a verbal 30-day notice to their landlord? (Month-to-Month)
We have been at a residency for 7 years and have to leave on an emergency basis for our extened family. We warned landlord over a month before that we may be moving soon since he was a friend of ours. We verbally notified him on the 14th of Sept. and he then in returned gave us a written notification of an extended 30 day notice to October 31st to ALSO pay him for October as well as surety that we will clean the home for him to give our deposit of back. As a month-to-month basis, we already paid him for September. Can we leave before October 1st?
A: A verbal notification does not conform to the notice requirements of the Virginia Code. The 30 day notice to terminate the month-to-month tenancy that is given to the landlord must be in writing.
A: From your facts the landlord acknowledged your verbal notice but said it extends to the end of October (the next full rental period after you gave notice). The landlord is correct on the termination date of the lease.
You can leave whenever you want - simply you owe rent until the end of October OR until another tenant moves in, whichever comes first.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.