Tenant termination of month-to-month lease

[smp123069]

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?

 

[HomeGuru]

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?

**A: I think that you need to provide us with more info; like on what date does your fixed lease end, when did you give written notice to vacate etc?

 

[smp123069]

Terms of Original Lease

Virginia
There was a mistake on the original lease. The term was supposed to be for one year but the dates suggested one month.

"The term of this lease is for one year, commencing on the 28th day of July 2003, and expiring on the 31st day of August, 2003, unless renewed or extended pursuant to the terms herein."

There is a section on Hold Over that indicates that we have migrated to the month-to-month lease.

"Either landlord or tenant may terminate this lease at the expiration of said lease or any extension thereof by giving the other three (3) months written notice prior to the due date. Since time is of the essence in all matters of this lease, and especially with respect to the issue of renewal, if tenant shall hold over after the expiration of the term of this lease, tenant shall, in the absence of any written agreement to the contrary, be a tenant from month to month, as defined by applicable Virginia law, at the monthly rate in effect during the last month of the expiring term plus $______ (left blank), the resultant rent being the landlord's present rental fee for month-to-month tenancies. All other terms and provisions of this lease shall remain in full force and effect"

I gave notice by certified mail on October 19th and via email on 10/19 that I was planning on vacating on November 21.

Thank-you in advance for your time and opionion.

SMP

 

[HomeGuru]

Virginia
There was a mistake on the original lease. The term was supposed to be for one year but the dates suggested one month.

"The term of this lease is for one year, commencing on the 28th day of July 2003, and expiring on the 31st day of August, 2003, unless renewed or extended pursuant to the terms herein."

There is a section on Hold Over that indicates that we have migrated to the month-to-month lease.

"Either landlord or tenant may terminate this lease at the expiration of said lease or any extension thereof by giving the other three (3) months written notice prior to the due date. Since time is of the essence in all matters of this lease, and especially with respect to the issue of renewal, if tenant shall hold over after the expiration of the term of this lease, tenant shall, in the absence of any written agreement to the contrary, be a tenant from month to month, as defined by applicable Virginia law, at the monthly rate in effect during the last month of the expiring term plus $______ (left blank), the resultant rent being the landlord's present rental fee for month-to-month tenancies. All other terms and provisions of this lease shall remain in full force and effect"

I gave notice by certified mail on October 19th and via email on 10/19 that I was planning on vacating on November 21.

Thank-you in advance for your time and opionion.

SMP

**A: damn it. why did you not provide this info in the first place. Can't you read the 3 month notice part?

 

[smp123069]

Virginia
I did, but I don't think that is applicable. The landlord agrees that the 30-day notice is valid. We are not agreeing with our landlord on whether or not I can prorate November's rent if I am vacating on Nov. 21.

We did not enter into any kind of extension agreement of the least:

"if tenant shall hold over after the expiration of the term of this lease, tenant shall, in the absence of any written agreement to the contrary, be a tenant from month to month"

 

[HomeGuru]

Virginia
I did, but I don't think that is applicable. The landlord agrees that the 30-day notice is valid. We are not agreeing with our landlord on whether or not I can prorate November's rent if I am vacating on Nov. 21.

We did not enter into any kind of extension agreement of the least:

"if tenant shall hold over after the expiration of the term of this lease, tenant shall, in the absence of any written agreement to the contrary, be a tenant from month to month"

**A: when is your rent due date?

 

[smp123069]

Rent is due on the 1st of the month.

 

[HomeGuru]

Rent is due on the 1st of the month.

**A: ok, now calculate 30 days back from the rent due date.

 

[smp123069]

Okay. That would be October 1st which I missed. I agree with your opinion, I just thought that I'd put it out there for discussion. Thank-you very much for your thoughts and time.

 

[HomeGuru]

Okay. That would be October 1st which I missed. I agree with your opinion, I just thought that I'd put it out there for discussion. Thank-you very much for your thoughts and time.

**A: you got it.