Notice to Vacate Property

[Refus Baker]

What is the name of your state? Virginia

Hello. I have been renting a small house for the past five years. I have never been late on my rent and I have never violated the terms of my lease. My Landlord dropped off a notice to vacate the rental property at my office on 9/3. The front office staff received the notice and placed it on my desk. I did not get the notice until 9/4. The notice was dated on 9/1 and states I have to vacate the property by 9/30. My rent is due on the 1st of every month.

Did she provide proper notice? The way I read the Code of Virginia, § 55-222, the notice has to be 30 days prior to the rent due date. I received the notice on 9/4.

I have a month to month lease that says she can give me a 30 day notice. But did she establish proof of service by delivering to my office? Do I have proper notice?

To make matters much worse, I have to leave for a conference in two days. My conference is work related and I will not be back for 10 days. There is no way I can meet the vacate deadline of 9/30.

Do I have a positiion of recourse? How do I respond?

Thanks in advance for you advise. -R Baker.

 

[LdiJ]

What is the name of your state? Virginia

Hello. I have been renting a small house for the past five years. I have never been late on my rent and I have never violated the terms of my lease. My Landlord dropped off a notice to vacate the rental property at my office on 9/3. The front office staff received the notice and placed it on my desk. I did not get the notice until 9/4. The notice was dated on 9/1 and states I have to vacate the property by 9/30. My rent is due on the 1st of every month.

Did she provide proper notice? The way I read the Code of Virginia, § 55-222, the notice has to be 30 days prior to the rent due date. I received the notice on 9/4.

No, you received it on 9/3. However, it doesn't matter if it was 9/3 or 9/4 you didn't receive notice before the 30 day mark.

I have a month to month lease that says she can give me a 30 day notice. But did she establish proof of service by delivering to my office? Do I have proper notice?

.

It doesn't appear that you received proper notice but someone would have to read your entire month to month lease to be sure.

To make matters much worse, I have to leave for a conference in two days. My conference is work related and I will not be back for 10 days. There is no way I can meet the vacate deadline of 9/30.

Do I have a positiion of recourse? How do I respond?

Thanks in advance for you advise. -R Baker.

Your work situation is not relevant. Get a consult as quickly as possible with an attorney.

 

[Gail in Georgia]

Because you have been what sounds like a good tenant for five years I would contact your landlord and discuss the issue with them first, requesting that this termination be held off until at least the end of October.

If they refuse then the issue of adequate notice should be brought up.

I recently provided a family on a tenancy at will with the required 60 day notice here in Georgia. There were some repairs I wanted to do on the house and it would be easier to do this when empty. While I gave them greater than 60 days from the time of notice, they contacted me a week later and reported the husband had been in an auto accident, breaking both legs. While they could continue to meet rent, finding another rental and moving within that time period would be burdensome in this situation. We agreed upon extending the moveout to at least six months from now.

If you explain your situation your landlord may be willing to extend your deadline for moving.

Gail

 

[Refus Baker]

Hi Gail, I can try. But, my Landlord isnt a human being. She isnt nice about anything. Im halfway temped to just let her take me to court. I can be out by 10/30. I will be out before she can get me into court. Then I can ask for proof of service.

 

[Gail in Georgia]

The problem with letting her take you to court is that she will be doing this via an eviction. And if she happens to win such a judgment will remain on your history for a significant number of years often making it difficult for you to find suitable rental property in the future.
Best to avoid court if you can; first by talking with her and if that does not work out then going the attorney route as LdiJ suggested.

Gail

 

[FarmerJ]

You may have to move all that you can right now ASAP into self storage getting as much as you can that are non essentials such as xmas / Hanuka (bad spell) solstice décor /items in first then your spring and most of your summer things , and reduce your kitchen stuff down by half so you same with clothing, linens , towels. If your going to fight based on notice not being proper then you may have to get the front office staff person to come to court with you to tell the Judge that the LL brought the notice in and left it at the front desk on Tuesday the third. ( you may have to tell the LL just that too and ask the LL to tell you what they think a Judge might do when the judge hears they could have delivered the notice to you on Aug 28 or 29 or 30th to be proper notice but didn't until September 3