Q: My notice wasnt written so charging me 2 months rent. Is this legal?
Roughly 4-6 months ago I made an in person appointment to talk about the lease date and to tell them we were leaving on the lease date. Now we are just leaving and they are saying that we didnt provide a written notice, so they are charging me a "fee" equal to 2 months rent($3000) and prorated rent for 20 days of $1000. We are in Virginia, and my question is, is aside from it being shady and borderline criminal, is this actually legal? Can they get away with this?
A: The Virginia Code requires a "written" notice to be given by either the tenant or the landlord to terminate the lease. This is the law. It is probable that the lease provided for a "written" notice as well so if that is the case, you are bound by the contract.
A: It depends on what your lease says and if you can prove that the landlord had actual notice. If the lease requires written notice and you only gave verbal, the court may hold you liable, but if you can prove that the landlord had actual notice (a confirmation via text or email or something similar), the court may view that as sufficient.
Shafeek Seddiq agrees with this answer
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