Monthly tenancy vs. move out notification

[rochellemax]

My one year lease in a Virginia apartment ends on April 30, 2001. I went to the rental office on Saturday, April 7th to give verbal notice that I would not sign another 1 year lease but would rent month to month. They verified my income (required) and stated that when I decide to move out I must give a 60 days notice and pay through the 60 days.

I am currently trying to buy a home and of course the settlement date may change or the contract my become null and void between the seller and myself. I was told by my rental office that I could give notice on May 1 (settlement is scheduled for May 28th) but would be obligated to pay for May and June rent.

My lease agreement is confusing. Please help! First of all I did not sign another lease and my tenancy is based on a verbal agreement. My lease (which I don't understand why I am under a lease since I signed nothing) states Holding over tenancy by month: "monthly tenancy may be terminated by either party upon giving the other not less than one month's prior written prior notice. This must be received prior to the first day of the month" to insure both parties receive one months notice.

Notice to Vacate clause states: "In the event that the Tenant intends to vacate the leased premises upon the expiration of the term herine created, Tenant agrees to give Landlord at least 60 days prior written notice of Tenant's intention, which said notice must be received prior tot he first day of the month to insure that the party to whom the notice is given shall receive two month's notice."

My question: I am not moving out at the end of the lease agreement April 30, 2001. My understanding is that we have a verbal agreement that I will rent from month to month. If that is the case, why should I give 60 days notice (it is not at the end of the lease) and be responsible for 60 days if the monthly tenancy clause states 30 days written notice?

 

[LL]

You are correct that this is all very confusing.

If you never signed a lease, then what are the terms of your obligation? Was the lease signed by the landlord? Do you have a copy?

I suggest that you not depend on what you are told verbally.

The two parts of the "lease" that you cited are different.

The Notice to Vacate clause applies to a tenant leaving before the lease term expires.

The clause entitled Holding over tenancy by month sounds more like your situation, namely that even if you had a lease, then it turned into a month-to-month agreement by your holding over after it expired, and the landlord accepting rent under those conditions.

Maybe the rental office forgot that your arrangement had turned into a month-to-month status. If I were you, I would write a letter (certified) reviewing what you think are the conditions of rental, and asking for a written rental agreement.

 

[rochellemax]

LL,

Thank you for your response. I will send a certified letter. Anything specific I should state? Should I first send a letter stating my intent to rent month to month before the expiration of the lease (April 30, 2001)?

Thanks!

 

[LL]

All that you want to do is to get the terms in writing.

Now, will the landlord accept your staying on a month-to-month basis? He doesn't have to. I don't.

The difference is, the lease that you quoted wants 60 days notice if you are leaving before the end of the term (breaking the lease). Does it say that, with 60 days notice, there are no further obligations of the lease? Otherwise, there may be charges.

If he allows you to stay on a month-to-month basis, with terms like the Holding over tenancy by month clause, then you are unlikely to have charges because you are leaving, although you continue to have obligations regarding the condition of the apartment, and last month's rent. Don't forget that he wants notice to start on the 1st of a calendar month.

All that you want to do is to get the terms in writing, that it will be under the month-to-month clause, 30 days is enough, no further charges FOR LEAVING.