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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
