Hampton, VA asked in Real Estate Law for Virginia

Q: I originally signed my lease October 28, 2016 the term on page one says fully ending on October 31, 2017

the renewal section it states the following ; Tenant at the expiration of the lease term shall become a tenant monthly at the monthly rental as paid for the last month of the lease term to be paid aforesaid, and tenant shall be subject to all agreements and conditions herein contained , either party shall give to the other at least 30 day notice written of any intention to terminate lease or any extension renewal or holdover term . notice shall be given on or before first of the month to be effective on the last day of subsequent month. now I notified him by mail my intent to vacate August 11, 2020 I mailed it on July 6 so that he would get it a few days before the 30 day mark he never informed me he received it until yesterday I get letter telling me my lease ends on October 31, 2020 but he will let me vacate august 31,2020 but clearly what I read above on the lease we both sign contradicts what he is trying to claim to date he has been difficult to deal with

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1 Lawyer Answer
Ross Cameron Hart
Ross Cameron Hart
  • Salem, VA
  • Licensed in Virginia

A: Your notice of termination is effective August 31, 2020 - from your quote of the lease language: notice is "to be effective on the last day of subsequent month.". Otherwise it appears your interpretation is correct that you were on a month to month for the past 3 years. Since the landlord is agreeing on August 31, don't quibble how he got there.

Elizabeth Crego agrees with this answer

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