Legal Question in Real Estate Law in Virginia

squatters rights?

I recently gave 60 day notice on my lease so that it would not automatically renew. When I did turned in the notice, I told the leasing agent on duty that I would be very interested in going month to month. They told me that would be fine but no paperwork was filled out. I recently called back just to follow up and they told me the apartment had already been rented. Do I have any kind of squatter rights? or am I required to move out now?


Asked on 2/20/01, 1:43 pm

1 Answer from Attorneys
Glenn R. Tankersley Regency Legal Clinic

Re: squatters rights?

You gave notice that you were terminating the lease and the landlord rightly relied on that. If you don't move out by the termination date, they will probably file an Unlawful Detainer Warrant with the General District Court and eventually get a writ of possession which the Sheriff will serve putting you and your belongings out. Procedurally, you could tie the matter up in court for a month or so but being sued is not going to be good for your credit.

I recommend you find a new place and part friends with the landlord. You might need their good recommendation someday.

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Answered on 4/03/01, 10:28 am


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