Legal Question in Landlord & Tenant Law in Virginia
Landlord-Tenant Lease dispute
My 5 year lease expired on 12/31/08. It contained a Hold Over clause stipluating the Landlord's acquiescence and no new written agreements, which there were none. The clause maintains the provisions of the expired lease on a year to year basis, to which I claim should take effect.
The Landlord gave notice to one tenant (with a similar lease) in July, 2008 that there would be a new lease and increase in rent but never gave a notice to me. Months went by without any mention of a new lease or increase in rent. Finally in December, the Landlord stopped by with a letter mentioning an increase in rent plus an annual 3% increase for the next 3 years, but no new lease accompanied the letter. I objected on the grounds that I was not given a timely notice and on December 29th, the Landlord delivered a new lease agreement demanding it be signed by 12/31/08 or to vacate and have the unit ready for inspection by 1/1/09.
My position is that absent the same notice given another tenant and in consideration of the Hold Over clause, I should be able to expect a timely notice of an impending change in the lease but none was given. Am I obligated to vacate or can I hold the Landlord to the Hold Over clause?
1 Answer from Attorneys
Re: Landlord-Tenant Lease dispute
Without reviewing the original lease with its HO clause together with the landlord's letter of December 2008, stipulating increases in the rent and the new lease that was delivered to you on Dec. 29, 2008, I could not say.
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