Am I on a Month-to-Month lease?

[vuprop]

What is the name of your state?
Virginia

Hi, I signed a lease for one year terminating this past June for a separate apartment for a single family home. The lease specifically says that the lese shall not extend automatically to a month to month lease. The addendum states that 30 days prior to the conclusion of the rental period, the lessor and lessee will discuss extension of the rental contract.

This conversation never happened and I continued to pay the monthly rent that was set forth in the original lease, which the landlord accepted and deposited. I have paid on time each month since then and my landlord has continued to accept payment.

I am losing my job soon and will be moving out of the area at the end of my employment. Am I in a renewed annual lease or am I on a month-to-month lease? Will I be held liable for any monthly payments past the month I move out? Can my landlord wihthold my security deposit for this reason? I have approximately 3 months left until I move, is 30 days the notice to terminate still applicable? Am I living in the house illegaly? I have a very good relationship with the landlord and do not foressee any problems but want to be protected.

Thanks for any help or advice.

[ENASNI]

Why not talk to your landlord 90 days is a real good amount of time for them to get the place back out on the market to get re-rented... sitting there on the sofa biting your nails about this is not the way to go.
Sometimes honesty is the best policy in this world. I wish people would use it more.

Good luck.

[Who's Liable?]

Originally Posted by vuprop

What is the name of your state?
Virginia

Hi, I signed a lease for one year terminating this past June for a separate apartment for a single family home. The lease specifically says that the lese shall not extend automatically to a month to month lease. The addendum states that 30 days prior to the conclusion of the rental period, the lessor and lessee will discuss extension of the rental contract.

This conversation never happened and I continued to pay the monthly rent that was set forth in the original lease, which the landlord accepted and deposited. I have paid on time each month since then and my landlord has continued to accept payment.

I am losing my job soon and will be moving out of the area at the end of my employment. Am I in a renewed annual lease or am I on a month-to-month lease? Will I be held liable for any monthly payments past the month I move out? Can my landlord wihthold my security deposit for this reason? I have approximately 3 months left until I move, is 30 days the notice to terminate still applicable? Am I living in the house illegaly? I have a very good relationship with the landlord and do not foressee any problems but want to be protected.

Thanks for any help or advice.

Check your state LL/T laws in regards to a lease terminating... The clause the LL may have in the lease might be illegal, and thus un-enforceable...

[Beckyo1213]

Be sure to give your landlord a written notice of intent to vacate. Give it ASAP so you won't be responsible for any rent over your move out date. In CA if your lease is for over a yr. or you have lived there for over a yr. you must now give 2 months notice. I would give at least 2 months notice. You are then not responsible for any rent over your move out date your specified. I would consult a paralegal or a local law school may have a free advice center you can visit or just call. Since you have been paying and your landlord has been accepting the money you have a valid contract. Since you are on good terms you may want to just discuss the matter with them. But I would def. give them, in writing, and have it mailed certified mail, your notice to vacate. Then you have proof.

[bigman60]

Thanks for all the advice.

She lives above me, so certified mail would appear to be a bit of a hassle. Problem is I won't know til the first week of December whether I'm out at the end of January or February.