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Lease: Non- Automatic Renewal

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MightyMark

Junior Member
What is the name of your state? Virginia

I signed a 1 year lease and lived in a residential rental property until the end of the lease (Aug 31). The lease did not state it would automatically renew and I did not sign a new lease. I was still in the process of finding a new place to live and I stayed longer than the 1 year. I believe that is called a "holdover". I thought the lease would go month-to-month. While looking for a new place, I received a 5 Day Notice and then I received a Summons for Unlawful Detainer. Also, the homeowner stuck a "For Rent" sign in the front yard. I had people coming up to my door asking to look at the place. I recognized that it was understandable since I was staying there with no lease.

I was finally able to move all of my belongings from the property 45 days after our lease ended (Oct 14). I met with the homeowner in the courthouse the morning of the Unlawful Detainer hearing (Oct 26). I apologized, explained that all of my belongings were out of the property, and the property was thoroughly cleaned before I left. He stated that he already went in the property and agreed that it was clean and no repairs were needed. I gave him the keys to the property and gave him 2 Cashier's Checks. One check for September + Late Fees and one check to cover until the end of October. The homeowner and I agreed that I would drop a check off at his office for Filing Fees for the Unlawful Detainer along with a mailing address, so he could mail me my Security Deposit. The Unlawful Detainer was dismissed or dropped (I am not sure of the exact wording). I found out recently that the homeowner entered the property and replaced the carpet immediately after he received the keys (before the end of October).

After waiting the 45 days he is allowed, I made numerous calls to his office and then wrote a letter asking for the return of my deposit. He wrote me back saying we had a lease agreement pursuant to code 55-248.8 and he was keeping the deposit to pay against my abandoning the property and all monies owed. He has filed a Civil Claim against me for $10,000 for "Breach of Lease and Property Damages".

My question is: If I am told to leave the property with a 5 Day Notice and an Unlawful Detainer, the homeowner advertises that the property is for rent, the homeowner takes the keys from me in the courthouse, verbally tells me he will refund my deposit, and then he makes repairs to the property before the end of Oct; can he say that our lease was renewed because of the payments I made to him and can he say I abandoned the property?

Any help will be very appreciated.

Thanks,

MarkWhat is the name of your state?
 



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