How long?

[JMac333]

We live in a condo; we originally signed a 1 year lease which expired late last year, and have been on a month-to-month status since. We were notified last week that the landlord has sold the property and that we need to be out by Feb. 25th. Can she legally do this...or does she have to give us the customary 30 days? She says she can do this since our December rent payment bounced (but was immediately redeposited without problem). Also, in our original lease wording, it states that we would need to give her 45 days notice of our intention to vacate. Does this mean that she also must adhere to this 45 day period? We recieved a certified letter on 2/10 telling us to vacate on 2/25....since this is the first "written" notification, does my 30 (or 45) days begin on that date? Thanks for your help.

 

[LL]

I don't know anything about VA law, but

I would guess that your notice begins on the day that you received the notice.

In this case you should rely on VA state law as to how many days notice the landlord is required to give you. Sometimes, judges will apply a lease equally both ways, but this is not always true. Anyway, the law takes precedence over the lease.

 

[djdj]

NO you dont have to be out.....

You have a right to stay there since you have NOT been given proper notice to move, the earliest would be March 31st,

IT doesnt matter the house was sold, the new owner can evict you with a 30 day notice too, once he owns it.

And the 30 days start when the rental period starts, if you pay the rent on the 1st thats when it starts, so you must move by March 31st

YOU have paid for Februarys rent so you are legally entitled to stay untill the 28th, THEN when you try and pay marchs rent,they give you a 30 day notice to be out by March 31st

If they want you out earlier, make them PAY YOU to move, and also make sure you get ALL of your security deposit in a bank certified check BEFORE you give them the keys If they accepted your March's rent check

..Remember.......NO personal checks!!!!!!!

[Edited by djdj on 02-13-2001 at 04:09 PM]

 

[LL]

Check VA law if it allows notice to begin at any time during the month, or only on the first of the (following) month.

 

[djdj]

Virginia Landord tenant law


§ 55-248.37. Periodic tenancy; holdover remedies.

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 thirty days prior to the next rent due date. If the tenant remains in possession without the landlord's consentafter expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful the landlord may also recover the actual damages by him and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, § 55-248.7 applies.
-------------------------

SO she has NOT given you a 30 day notice from March 1st which is your rental date.

So the date you have to be out is March 31st....

UNLESS SHE GIVES YOU $1500 2000 3000 to move, for all your aggrivation moving expenses deposits installation charges.. days off from work...etc..


[Edited by djdj on 02-13-2001 at 04:30 PM]

 

[LL]

Very good, dj.

This shows you how important local law is.

California allows rentals and notices to begin on any day of the month.

[Edited by LL on 02-13-2001 at 05:35 PM]

 

[djdj]

Thats SCARY.....guess i wont move to Californication....

The rent is paid fully to the end of the month so how can you give somebody a 30 day notice say on feb 12th to move in the middle of next month....Maybe its different there....

But here I see almost ZERO apartments available to rent where the lease starts in the middle of the month.

[Edited by djdj on 02-13-2001 at 06:48 PM]

 

[JMac333]

Thanks

Thanks djdj and LL...you're advice has proven to be most helpful. She will be helping with moving costs!