Legal Question in Landlord & Tenant Law in Virginia
Leaving a Rental apartment
My apartment complex gave me an eviction notice for January 08, because they are tearing the building down. I have found a new apt. but they tell me I am obligated to stay until Jan. even though I am on a month-to-month lease. Are they right?
2 Answers from Attorneys
Re: Leaving a Rental apartment
No, they are not right if you are now on a month to month lease agreement. 30 days advance notice of your move is all that should be required.
Re: Leaving a Rental apartment
If your lease, even though month-to month, requires notice be given no later than the FIRST day of the month in which you will vacate, you would now be giving notice by December 1, to vacate December 31. If you tried to give notice before Nov.1, and they refused it you may have a claim--assuming you want to be out by November 30th. Your lease may spell out the notice requirements.
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