Legal Question in Real Estate Law in Virginia
What happens after your lease expirers and your landlord does not provide anothe
My lease ended in July and our said he would bring an updated lease over, but has not. I thought that meant my lease was a month to month basis. On February 28th we called and gave our month notice and sent a letter that verified this call with our rent check. He agreed and 3 wks later he told us we didn't give him enough notice and we have to give him 60 days notice according to the lease. If we are leaving month to month , how is it we need to give 60 days notice to leave a month to month contract?
Here�s the clause in our lease that I think is ambiguous. Please let me know who is correct. Thanks Sarah
''This Lease shall be extended automatically from month to month upon the same terms and conditions as set forth in this Lease unless either of the parties give the other 60 days written notice of the intention not to extend this Lease at the end of the than current Lease Term. If this, Lease is extended, 60 days written notice by either party shall be required to terminated this Lease. This notice shall be received no later than the first day of the month and the tendancy shall terminate on the last day of the month.''
1 Answer from Attorneys
Re: What happens after your lease expirers and your landlord does not provide an
What you haven't said is how much advanced notice you're required to give the landlord under the terms of the original lease of your intent to terminate the lease and vacate the premises.
Even though this original lease was, apparently, extended automatically month to month, that doesn't mean that the required notice of lease termination requirements were also reduced to 30 days if the original lease requires 60 days notice.
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