Legal Question in Real Estate Law in Virginia

Re: How do i handle the expire lease to the tenant in friendly manner?

Friendly or unfriendly, if you want this tenancy to terminate, you better read the code.

According to � 55-222, "Notice to terminate a tenancy; on whom served; when necessary," the following is required:

"A tenancy from year to year may be terminated by either party giving three months' notice, in writing, prior to the end of any year of the tenancy, of his intention to terminate the same. A tenancy from month to month may be terminated by either party giving thirty days' notice in writing, prior to the end of the month, of his intention to terminate the same."

However, that section also says:

"This section shall not apply when, by special agreement, no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time."

The thing you need to remember is that, if you let her stay over beyond July 31 and rent is paid and accepted, it will convert your rental into a month to month tenancy.

In that case, the notice must be sent at least 30 days prior to the due date of the rent. That means, if the rent is due on the 1st of the month, you must give notice before the 1st of the month to vacate on or after the 1st of the following month.

Additionally, you should be aware of � 55-248.37, "Periodic tenancy; holdover remedies."

It sets out the specifics of the important question of WHEN to serve that notice:

"The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least thirty days prior to the next rent due date."

These are general provisions and you should consult an attorney if you are still confused about the specifics of your situation.