Q: How much time should a tenant be allowed before being forced to either renew a lease or move in Virginia?
So, a few weeks ago I found out that the property I have been renting for 5 years was in foreclosure due to ads a newspaper posts. When I asked the property management about it they knew nothing. So now a 3 days ago they tell me that the owner says he’s brought his mortgage current, but is raising the rent $75.00 a month and I have to sign the renewal lease by the 31st. I’m not being given even a week to decide, this after almost a month of anxiety not knowing what was going happen to me not to mention the large increase in rent with no improvements. I was never notified it was in foreclosure, I told them. I sign a yearly lease. I’m currently under quarantine due to the current coved 19 pandemic. I’m an ER nurse and am waiting for my test results.
A: In Virginia, a written residential lease generally provides the time period for the tenant to renew the lease or give the landlord notice of non-renewal. There is no Virginia statute that controls this time period. It sounds like you are on a month-to-month tenancy since you stated you have been renting for the last 5 years. For a month-to-month tenancy to be terminated or the terms changed, either party must give a 30 day written notice. If a 30 day written notice is not given by either party to the other, the terms of the lease cannot be modified or changed until such notice is provided. As for the foreclosure, since the landlord brought the mortgage current, there is no issue with a foreclosure. You should seek advice from an attorney in this matter.
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