Non-renewed Rental Lease Termination

[nasersharifi]

Hi,
I live in Virginia and I am leaving my rented apartment at the end of this month. The signed lease expired a few months ago (in May) and neither myself nor the landlord notified each other (in writing) about the lease renewal/termination. I did try calling the landlord around the time of expiration of the lease, but didn't receive answers.
Here is what I have on the lease as the terms for termination/renewal. At a later date (after the lease had expired) the landlord returned my call and said the lease had automatically switch to a month-to-month basis.

This Lease shall not be extended automatically from month to month upon the same terms and conditions as set forth in this Lease. Prior to the expiration of the initial Lease Term or expiration of any extended Term, either of the parties may give the other at least sixty (60) days written Notice of intention not to extend or to renew this Lease. If this Lease is extended, sixty (60) days prior written Notice by either party shall be required to terminate this Lease. This Notice shall be received no later than the first day of the month and the tenancy shall terminate on the last day of the next month following delivery of the Notice. Should Tenant fail to vacate as scheduled, the per diem rent rate will double.

I informed the landlord on the 7th of this month about leaving at the end of this month. He is telling me that I have to pay the rent not only for this month, but also the next two months. He says the paragraph above ties me to such a condition. To me, the paragraph sounds very ambiguous. While it does specify that a 60-day notice is required from either party to terminate/renew the lease, it doesn't specify what should happen if neither party makes such a notice, which is what has happened in my case.

What chances do you think I have in this case? Thank you!

 

[Gail in Georgia]

Chances for what? Getting out of the 60 day WRITTEN notice you were supposed to provide as stated in your lease? Pretty poor it would seem.

As a reminder:

"If this Lease is extended, sixty (60) days prior written Notice by either party shall be required to terminate this Lease. This Notice shall be received no later than the first day of the month and the tenancy shall terminate on the last day of the next month following delivery of the Notice."

Gail

 

[LdiJ]

Hi,
I live in Virginia and I am leaving my rented apartment at the end of this month. The signed lease expired a few months ago (in May) and neither myself nor the landlord notified each other (in writing) about the lease renewal/termination. I did try calling the landlord around the time of expiration of the lease, but didn't receive answers.
Here is what I have on the lease as the terms for termination/renewal. At a later date (after the lease had expired) the landlord returned my call and said the lease had automatically switch to a month-to-month basis.


I informed the landlord on the 7th of this month about leaving at the end of this month. He is telling me that I have to pay the rent not only for this month, but also the next two months. He says the paragraph above ties me to such a condition. To me, the paragraph sounds very ambiguous. While it does specify that a 60-day notice is required from either party to terminate/renew the lease, it doesn't specify what should happen if neither party makes such a notice, which is what has happened in my case.

What chances do you think I have in this case? Thank you!

If you had given him notice by the first of the month, you would have had to pay this month and the next month. Since you didn't give him notice by the first of the month, that means it adds another month.