Legal Question in Real Estate Law in Virginia

tenant rights

We have been renting the house we live in since October of 1999. (7 1/2 mos.) Our landlord didn't ask us to sign a lease or charge us any kind of deposit. We have always paid our rent on the first of the month. My husband is due to be transferred any day now for his job to another state so on the middle of May I informed our landlord in writing that we would be moving out sometime in June or July. On the first of June I paid the landlord for two weeks rent explaining that we might be out of the house by the 15th, but didn't know for sure and if we were here longer than that, we would then pay him more rent. He stated that he doesn't rent this house by the week and that we can't do this. My question is, does he have this right since no rental agreement or lease of any kind was ever signed? He never ever told us either that the rent had to be paid by the month. What are our rights? Thank You


Asked on 6/06/00, 11:36 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: tenant rights

Unless there is an agreement to the contrary, rental of real estate without a lease is month-to-month. Months cannot be pro-rated, and notice must be given to coincide with the monthly term, so that if you gave notice on June 1 that you would vacate by June 30, that would be fine (some courts might say it would have to be May 31), but if notice was given on June 2, you could not terminate until July 31 and would owe rent until then.

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Answered on 7/25/00, 4:07 am


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