Legal Question in Landlord & Tenant Law in Virginia
Does moving out qualify as giving notice?
Lease requires 60 day written notice to move out early or stop lease from renewing month to month.
5/1 called landlord(#1) to ask about penalty for breach, (60 day notice to move out +penalty=2 months rent). Our lease to expire 8/18. ''Ok, consider this our 60 day notice.''
Fatal verbal error.
6/3 we gave girl(#2) move out date of 6/25, asked if there was anything else I needed to do. ''That's it.''
6/25 we vacated and called (girl#1) to discuss move-out prep. She asked if I had given 60 days notice, I said yes, and she said she couldn't find it, but to clean the apartment.
6/25 dropped our keys in the slot with a written note stating that we had moved out and to call me if there were problems with the notice (none of which I retained copies of).
7/3 #1 called to say she needed written notice for me to move out.
Gave her written notice 7/3 which referenced the call 5/1, the visit 6/3, and the key return 6/25.
Asked which date they would reference for final payment 8/3. She needed a supervisor.
8/3 called for amt due; not returned.
8/6 went to office and received matnoncompliance notice dated 8/4 from girl (#3). My file is unavailable until 8/9 when #1 gets back, also our ''eviction'' date. Left $ for 8/1-8/18.
Ideas?
1 Answer from Attorneys
Re: Does moving out qualify as giving notice?
Yes, you've identified the "fatal verbal error" as the source of your problem, i.e., nothing in writing and therefore it's the proverbial "he said vs. she said" situation regarding the timeliness and correctness of the notice that was given.
Be prepared, therefore, to receive a warrant in debt from the landlord for
all amounts which she or he claims is due along with a request for a writ of possession for the premises which you've already apparently vacated.
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