Legal Question in Landlord & Tenant Law in Virginia

Minimum Timely Notice
What is the minimum time required in Virginia for a Landlord or Tenant to give notice of either a change in the lease agreement or vacating the premises when the lease pertains to commercial property? There is no time limit provided in the lease. A Hold Over clause provides that the old lease provisions will remain in effect on a year to year basis in the absence of a new written agreement or the Landlord's acquiescence. I hold that due to the nature of my business, timely notice is necessary to find new premises and have them ready to move into before a new agreement would take effect, in case I could not agree to the new provisions.

Are there any statutory time limits that protect the Landlord and/or Tenant in the event none are provided for in the lease agreement?

Asked on 1/05/09, 4:03 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Minimum Timely Notice

There are no such time frames specified in Title 55

of the Code of Virginia which are applicable to commercial property leases, as far as I am aware.

Therefore, whatever the commercial lease states with respect to the issue, or can be reasonably interpreted therefrom, should control.

Answered on 1/05/09, 7:01 pm

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