S
smp123069
Guest
What is the name of your state?Virginia
I just notified my landlord that I would like to vacate his townhouse on Nov. 19th (30 days notice) and desire to prorate my rent for the month of November and pay $897.53 out of my $1300 rent. He replied that it is VA law that the notice of termination of month-to-month lease occurs on the 1st of month and that I am required to pay for the entire month. Is he correct? I have read the code and it is not clear to me.
I have copied what I think is the pertinent section of the VA Code.
§ 55-248.37. Periodic tenancy; holdover remedies.
A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date.
(1974, c. 680; 1977, c. 427; 1982, c. 260; 2004, c. 123.)
My lease states
"In the event tenant becomes month to month tenant in the manner described above, tenant shall be required to provide landlord, in advance, thirty (30) days written notice of tenant's of tenant's intention to surrender the premises"
It doesn't say anything about the last months rent.
What do you think?
I just notified my landlord that I would like to vacate his townhouse on Nov. 19th (30 days notice) and desire to prorate my rent for the month of November and pay $897.53 out of my $1300 rent. He replied that it is VA law that the notice of termination of month-to-month lease occurs on the 1st of month and that I am required to pay for the entire month. Is he correct? I have read the code and it is not clear to me.
I have copied what I think is the pertinent section of the VA Code.
§ 55-248.37. Periodic tenancy; holdover remedies.
A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date.
(1974, c. 680; 1977, c. 427; 1982, c. 260; 2004, c. 123.)
My lease states
"In the event tenant becomes month to month tenant in the manner described above, tenant shall be required to provide landlord, in advance, thirty (30) days written notice of tenant's of tenant's intention to surrender the premises"
It doesn't say anything about the last months rent.
What do you think?