Lease has been up for 3 months

[katacrow]

What is the name of your state (only U.S. law)? VA

The lease for our apartment expired 3 months ago. During the year we lived here, our apartment complex came under new management by another company. When the time came to renew our lease, we were told we'd get a call from the office when the new pricing criteria came from their corporate office and to just pay our rent as usual in the mean time. We were finally called in to sign a new lease, only to be told we'd have to come back again because they couldn't find our file. I've called a few times only to get the run around, but have been paying the rent on time and making sure it is documented. Our previous lease required us to give 60 days notice before the end of the lease if we wanted to move. Even though our lease was only through the end of April, is it safe to assume we still have to give 60 days notice if we wanted to move?

 

[BL]

What is the name of your state (only U.S. law)? VA

The lease for our apartment expired 3 months ago. During the year we lived here, our apartment complex came under new management by another company. When the time came to renew our lease, we were told we'd get a call from the office when the new pricing criteria came from their corporate office and to just pay our rent as usual in the mean time. We were finally called in to sign a new lease, only to be told we'd have to come back again because they couldn't find our file. I've called a few times only to get the run around, but have been paying the rent on time and making sure it is documented. Our previous lease required us to give 60 days notice before the end of the lease if we wanted to move. Even though our lease was only through the end of April, is it safe to assume we still have to give 60 days notice if we wanted to move?

Without reading your prior lease , I'd say you were month to month.

D. Unless the rental agreement fixes a definite term, the tenancy shall be week to week in case of a roomer who pays weekly rent, and in all other cases month to month. Terminations of tenancies shall be governed by § 55-248.37 unless the rental agreement provides for a different notice period.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.37

 

[sandyclaus]

What is the name of your state (only U.S. law)? VA

The lease for our apartment expired 3 months ago. During the year we lived here, our apartment complex came under new management by another company. When the time came to renew our lease, we were told we'd get a call from the office when the new pricing criteria came from their corporate office and to just pay our rent as usual in the mean time. We were finally called in to sign a new lease, only to be told we'd have to come back again because they couldn't find our file. I've called a few times only to get the run around, but have been paying the rent on time and making sure it is documented. Our previous lease required us to give 60 days notice before the end of the lease if we wanted to move. Even though our lease was only through the end of April, is it safe to assume we still have to give 60 days notice if we wanted to move?

Without reading your prior lease , I'd say you were month to month.

D. Unless the rental agreement fixes a definite term, the tenancy shall be week to week in case of a roomer who pays weekly rent, and in all other cases month to month. Terminations of tenancies shall be governed by § 55-248.37 unless the rental agreement provides for a different notice period.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.37

While they may well be a month-to-month tenant, they are also considered to be a holdover tenant after the expiration of the fixed term lease in April. As such, I believe they would still be held to the terms of the original lease - with the exception of the tenancy term. That would mean that if the original lease stated a 60-day notice requirement to terminate their tenancy, that term of the lease still applies now.

What OP SHOULD have done is offered their 60-day notice, which could be waived only upon presentation and execution by the new management of a renewal lease by all parties.

I'm pretty sure that OP still needs to give 60 days notice to vacate now. They should probably also look over the original lease documents to see what other terms, if any, may apply to them as holdover tenants. Management may eventually find their file with that lease, and try to enforce any holdover clause terms that haven't been enforced until now - including rent increases.

 

[BL]

While they may well be a month-to-month tenant, they are also considered to be a holdover tenant after the expiration of the fixed term lease in April. As such, I believe they would still be held to the terms of the original lease - with the exception of the tenancy term. That would mean that if the original lease stated a 60-day notice requirement to terminate their tenancy, that term of the lease still applies now.

What OP SHOULD have done is offered their 60-day notice, which could be waived only upon presentation and execution by the new management of a renewal lease by all parties.

I'm pretty sure that OP still needs to give 60 days notice to vacate now. They should probably also look over the original lease documents to see what other terms, if any, may apply to them as holdover tenants. Management may eventually find their file with that lease, and try to enforce any holdover clause terms that haven't been enforced until now - including rent increases.

Yes ,you may be correct - 60 days .

C. In the event of termination of a rental agreement and the tenant remains in possession with the agreement of the landlord either as a hold-over tenant or a month-to-month tenant and no new rental agreement is entered into, the terms of the terminated agreement shall remain in effect and govern the hold-over or month-to-month tenancy, except that the amount of rent shall be either as provided in the terminated rental agreement or the amount set forth in a written notice to the tenant, provided that such new rent amount shall not take effect until the next rent due date coming 30 days after the notice.