Peterstown, WV asked in Landlord - Tenant for Virginia

Q: 30 day notice to vacate. Not allowing 30 days prior to the next rent due date.

My landlord sent a certified letter that stated in the heading "30 Eviction Notice" (he left out the word day) dated 09/17/2021. In the body he states "You are hereby notified that your lease terminated on Nov. 30 2019. This letter serves as your thirty day notice of termination of your lease which expired 11/30/2019. at which time you became a holdover tenant. Since being a holdover tenant you have been on a month to month basis since. You will have until 10/17/2021 to leave the premise." I didn't take possession of the certified letter until 09/30/2021. The letter was starting the 30 day time period from the day he wrote/mailed it. Since it is not giving us 30 days' notice prior to the next rent due date would he need to make the necessary changes with another letter or would it automatically default to 30 days from the end of Sept which would be 10/31/2021? We also payed $350 on 09/14/2021 and he applied it towards Octobers rent would that effect the 30 day start period?

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

A: With regard to a month-to-month tenancy, either the landlord or the tenant can give a 30 day written notice, according to the Code of Virginia, by giving the other party a written notice for the termination of the tenancy no later than the last day of the month before the termination date. For example, the landlord gives the tenant a written notice of termination on or before September 30, 2021, then the lease terminates on October 31, 2021. If the tenant does not vacate the premises, the landlord can then file an Unlawful Detainer with the Court, seeking possession and any rent in arrears, attorney's fees, court costs and interest at the legal rate of interest in Virginia. When an Unlawful Detainer is filed with the Court, the credit reporting companies pick it up on the tenant's credit report and that will create a major problem for the tenant when the tenant applies for a rental in the future.

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