Hopewell, VA asked in Landlord - Tenant for Virginia

Q: Rental property is saying we are rent responsible until a new tenant moves in? is this legal?

My fiancé & I moved out of the apartment we shared with his mother a year ago, we put our notice in & were notified that we would not be removed from the lease until his mother showed proof of income to sign her own lease so she went on a month to month because she was still making payments on time... she has had some health issues (in a nursing home) that have led to us having to clean out the apartment & her giving notice, turning keys in etc... (we do everything in email to have a paper trail to back up everything) we got an email stating that we will be rent responsible until a new tenant moves in, i’ve never ever heard of this is this legal?

again she was on a month to month & i was told that all she had to do was put in a 30 day notice, she already paid for the month that she did not reside there & for this current month being that we turned the keys in on the 6th due to the office being closed they have known about her health issues & what has been going on as well

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: In Virginia, a month-to-month tenancy is terminable on a written 30 day advanced notice. If the tenant(s) gave the proper written notice, then the month-to-month tenancy would be terminated and there are no additional responsibilities for the tenant, including paying rent.

Steven Krieger agrees with this answer

1 user found this answer helpful

Steven Krieger
Steven Krieger
Answered
  • Landlord Tenant Lawyer
  • Arlington, VA
  • Licensed in Virginia

A: If the lease had converted to a month-to-month, then the notice should be enough to terminate and you would not be responsible until another tenant is found. Some leases auto-renew, so perhaps that's what the landlord is claiming, but otherwise you should not be responsible provided your notice was sufficient. If you need to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck.

1 user found this answer helpful

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