Virginia Beach, VA asked in Real Estate Law for Virginia

Q: Currently I live in a rental apartment of which my lease will auto renewal on March14th, 2021. A new property owner just

Took over the property of which I just received a notice that they are raising my rent 300.00 starting March 1st. Can they do this legally?

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

A: It depends on the exact terms in the lease. Most leases that 'auto-renew' (1) state that the renewal will be for a specific period (such as a year, but some are 'auto-renewing' only month-to-month) and (2) have a 'notice' requirement that if either the landlord or the tenant don't want to renew they have to send notice at least xx days before the renewal date. (xx could be 30, 60, sometimes 90 or more).

The second issue is whether your rent is paid monthly on the first of the month or on the 14th of the month. Again, your lease speaks to that.

The third issue is when the 'new owner' sent you notice of the rent increase. If you just got it around the time you posted your question, that is not enough time under any theory. If you got in January, it might be sufficient notice.

You need to consult a landlord-tenant attorney - with a copy of your lease and ALL documents - for a more definite answer to your problem

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