Kissimmee, FL asked in Contracts and Landlord - Tenant for Virginia

Q: Did not give 60 day notice to vacate, but occupancy was only for 51 days?

My roommate and I took over the last 1.5 months of a one year lease. We resided in the apartment for 51 days.

Since moving out on October 31, 2020, the company has continued to charge us rent on a month-to-month basis. The company's reasoning is that we did not submit a 60 day notice to vacate.

The previous lease owners submitted a 60 day notice to vacate since they were ending their contract early for us to take over the remaining time on the 12 month lease. We thought this notice would also applied to both my roommate and I because we were to reside in the apartment for less than 60 days. When we moved out we were only aware of the "Moving out" forms that we did sign.

We understand that this is a clause within our lease agreement, but wanted to know if there was anything we could do given the circumstances. We were not notified that we had to sign our own 60 day notice for the period or given the paperwork, even though the leasing office knew of the short occupancy.

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: In Virginia, when there is a sublease or an assignment of the previous tenant's lease, the sublessee or assignee is bound by the terms of the lease that the original tenant entered into. Based on the reported facts that you reported, it seems that you did not provide the required 60 notice and thus did not comply with the lease provisions.

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