Legal Question in Landlord & Tenant Law in Virginia

I submitted a thirty day notice for military early termination in accordance with my lease. My official termination notice was given on 15 Jun 2010 which terminates my lease on 16 Jul 2010. However, the landlords are trying to say that my 30 days start after Jul 1st since it is the next time rent is due. Their reasoning is the VRLTA. My lease states that I have to give a 30 day notice and my rent will be prorated for the 30th day. It does not incorporate what is in the VRLTA. Can they override the lease? Shouldn't they have to honor what is written in the lease?

Thank you


Asked on 6/20/10, 9:47 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If your lease is actually covered by the VRLTA,(covering all rental agreements after July 1, 19 74, except those excepted under Va. Code Sec. 55-248.5) , it 's provisions cannot be waived(irrespective of what may be in your agreement).

See Va Code Sec.248.3:1--applicability of chapter.

Therefore, your landlord's opinion would appear to "rule" in this controversy

(in my opinion).

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Answered on 6/21/10, 7:26 am


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