Month to month rent

Chrisd1130

New Member
Jurisdiction
Virginia
My lease ended in June of 2017 and I have been renting month to month my landlord has sold the house and she text me saying she emailed me a 30 day notice on Feb 18 2018 and must vacate by March 19 2018 which I still have not received yet. I was told that they need to provide a written 30 day notice and it must be 30 days prior to the next rent due date is this true?
 
I was told that they need to provide a written 30 day notice and it must be 30 days prior to the next rent due date is this true?


Notice Requirements for Virginia Tenants.



The Virginia Code provides that the landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date (see Virginia Code § 55-222 and § 55-248.37).


Contrary to popular belief, a month-to-month tenancy does not always terminate 30 days after the date on which the landlord provides written notice of termination to the tenant.

If rent is due on the first day of the month (as is the case for most tenancies), then the tenancy will always terminate at the end of a calendar month (not 30 days from the date of the notice).

Some examples:

If there is no written provision to the contrary and a 30 day notice is served on June 5, then the month-to-month tenancy will not terminate until the end of July.

This is due to the fact that 30 days after June 5 is July 5, and the next rent installment due after July 5 is due on August 1.

If the 30 day notice is provided on May 31, then the tenancy will terminate at the end of June since 30 days after May 31 is June 30 and there is a rent installment due on July 1.

As my example shows, if a landlord wants the tenancy to end at the end of a particular month, then the landlord must provide the 30 day notice in the month before that month.

If, however, the landlord wants a tenancy to end at the end of February, the landlord must provide the notice by January 29 (or January 30 in a leap year).

The exception is if the final lease month has 31 days and the notice is provided on the first day of the month.

Things get more interesting when rent is due on a day other than the first day of the month.

For example, if rent is due on the 5th day of the month, and a notice to terminate the tenancy is provided more than 30 days before the 5th, but less than 30 days before the 1st, when does the month-to-month tenancy terminate?

This question is open to interpretation under the Virginia Code.

Most likely, the tenancy terminates 30 days after the notice is provided.

However, this interpretation conflicts with the generally accepted concept of a month-to-month tenancy, since the tenancy does not terminate at the end of a calendar month.

In my experience, some Virginia judges will adhere to the generally accepted concept of a month-to-month tenancy, and rule that unless a notice is provided at least 30 days before the last day of a calendar month, the lease will not terminate until the end of the following calendar month. web security In other words, judicial interpretation might find that the tenancy cannot end mid-month.

In those cases where the lease defines the month-to-month tenancy and specifies the notice period for terminating the tenancy, the lease will control.

As you suspected, OP, the notice must be in writing.

You, the tenant, must be properly served.
That can be my certified or registered mail, "tacking" the notice on your unit door, or handing you the letter.

A text message isn't considered a proper writing by most courts.

I suggest you discuss a departure date with your landlord.

It is in your best interest to agree and avoid court.

You can ask for "cash for keys", meaning you ask to be paid to leave earlier.

How much?

Maybe the last month you can live rent free?

Whatever is agreed upon, get it in WRITING, dated, and signed by ALL parties.

Rent forbearance is an easy get, usually, especially if the landlord is eager to sell.


Here is the law in your state:

https://www.valegalaid.org/files/E0...98B-49AC-ACCA-336AA3EB547F/tenants-rights.pdf

http://www.dhcd.virginia.gov/images/Housing/Landload-Tenant-Handbook.pdf
 
I was told that they need to provide a written 30 day notice and it must be 30 days prior to the next rent due date is this true?

Told by whom?

The law applicable to your situation is section 55-248.37 of the Virginia Code. As you can see, sub-section A provides that a "landlord . . . may terminate a month-to-month tenancy by serving a written notice on the [tenant] at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period." Section 55-248.6(A) discusses how notice is to be given.

I will leave it to you to apply the law to the facts of your situation, but the question you have to ask yourself is whether, given the fact that you have verbal notice of the landlord's intent to terminate your tenancy at least 25 days before the intended termination date, quibbling over the non-receipt of the e-mail and/or a few extra days is really worth your while. Why not just propose to your landlord that you'll be out by Sunday, March 25 (or something like that)?
 
Notice Requirements for Virginia Tenants.



The Virginia Code provides that the landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date (see Virginia Code § 55-222 and § 55-248.37).


Contrary to popular belief, a month-to-month tenancy does not always terminate 30 days after the date on which the landlord provides written notice of termination to the tenant.

If rent is due on the first day of the month (as is the case for most tenancies), then the tenancy will always terminate at the end of a calendar month (not 30 days from the date of the notice).

Some examples:

If there is no written provision to the contrary and a 30 day notice is served on June 5, then the month-to-month tenancy will not terminate until the end of July.

This is due to the fact that 30 days after June 5 is July 5, and the next rent installment due after July 5 is due on August 1.

If the 30 day notice is provided on May 31, then the tenancy will terminate at the end of June since 30 days after May 31 is June 30 and there is a rent installment due on July 1.

As my example shows, if a landlord wants the tenancy to end at the end of a particular month, then the landlord must provide the 30 day notice in the month before that month.

If, however, the landlord wants a tenancy to end at the end of February, the landlord must provide the notice by January 29 (or January 30 in a leap year).

The exception is if the final lease month has 31 days and the notice is provided on the first day of the month.

Things get more interesting when rent is due on a day other than the first day of the month.

For example, if rent is due on the 5th day of the month, and a notice to terminate the tenancy is provided more than 30 days before the 5th, but less than 30 days before the 1st, when does the month-to-month tenancy terminate?

This question is open to interpretation under the Virginia Code.

Most likely, the tenancy terminates 30 days after the notice is provided.

However, this interpretation conflicts with the generally accepted concept of a month-to-month tenancy, since the tenancy does not terminate at the end of a calendar month.

In my experience, some Virginia judges will adhere to the generally accepted concept of a month-to-month tenancy, and rule that unless a notice is provided at least 30 days before the last day of a calendar month, the lease will not terminate until the end of the following calendar month. web security In other words, judicial interpretation might find that the tenancy cannot end mid-month.

In those cases where the lease defines the month-to-month tenancy and specifies the notice period for terminating the tenancy, the lease will control.

As you suspected, OP, the notice must be in writing.

You, the tenant, must be properly served.
That can be my certified or registered mail, "tacking" the notice on your unit door, or handing you the letter.

A text message isn't considered a proper writing by most courts.

I suggest you discuss a departure date with your landlord.

It is in your best interest to agree and avoid court.

You can ask for "cash for keys", meaning you ask to be paid to leave earlier.

How much?

Maybe the last month you can live rent free?

Whatever is agreed upon, get it in WRITING, dated, and signed by ALL parties.

Rent forbearance is an easy get, usually, especially if the landlord is eager to sell.


Here is the law in your state:

https://www.valegalaid.org/files/E0...98B-49AC-ACCA-336AA3EB547F/tenants-rights.pdf

http://www.dhcd.virginia.gov/images/Housing/Landload-Tenant-Handbook.pdf
Thank you for the information very helpful
Told by whom?

The law applicable to your situation is section 55-248.37 of the Virginia Code. As you can see, sub-section A provides that a "landlord . . . may terminate a month-to-month tenancy by serving a written notice on the [tenant] at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period." Section 55-248.6(A) discusses how notice is to be given.

I will leave it to you to apply the law to the facts of your situation, but the question you have to ask yourself is whether, given the fact that you have verbal notice of the landlord's intent to terminate your tenancy at least 25 days before the intended termination date, quibbling over the non-receipt of the e-mail and/or a few extra days is really worth your while. Why not just propose to your landlord that you'll be out by Sunday, March 25 (or something like that)?
 
The reason for wanting to know my rights is because I can't move in to my new place until April 1 and her and I also had a verbal agreement that she would give me 60 day notice went the place sold
 
The reason for wanting to know my rights is because I can't move in to my new place until April 1 and her and I also had a verbal agreement that she would give me 60 day notice went the place sold


Any agreement you may have had that wasn't reduced to writing is unenforceable under the laws of VA, or nonexistent under the "statute of frauds - common law", or by operation of VA state statute.

In short, the law won't recognize any oral agreements alleged to have been made (even if both parties agree) in regards to real estate, or related transactions.

I suggest you remind your landlord about the agreement and ask her to agree in WRITING to March 31st, 2018 at 5:00PM as the date and time you vacate the premises.

Legally, you don't want to take the date into April, even the 1st of April.
 
Any agreement you may have had that wasn't reduced to writing is unenforceable under the laws of VA, or nonexistent under the "statute of frauds - common law", or by operation of VA state statute.

In short, the law won't recognize any oral agreements alleged to have been made (even if both parties agree) in regards to real estate, or related transactions.

I suggest you remind your landlord about the agreement and ask her to agree in WRITING to March 31st, 2018 at 5:00PM as the date and time you vacate the premises.

Legally, you don't want to take the date into April, even the 1st of April.
I agree I plan on being out by March 31 but she thinks I will be out by March 19. I plane on sending a certified letter tomorrow giving my 30 day notice which if I'm understanding the law correctly I will have to vacate before April 1
 
I agree I plan on being out by March 31 but she thinks I will be out by March 19. I plane on sending a certified letter tomorrow giving my 30 day notice which if I'm understanding the law correctly I will have to vacate before April 1

What is the date of each month that your rent is due?

If for example it is the 1st of each month, a 30 day notice given to her in PERSON on 23 February will allow you to leave by 31 March (close of business).

If you mail the notice, the law usually allows seven days for the recipient to receive the letter (in some states that is ten days).

You can use an overnight service.
If you mail it on 23 February, it would arrive on 26 February, making the 31st of March acceptable. However, this year the 31st of March is a Saturday. If I were you, I'd make sure to take videos of the place after you removed your property. I'd also ask the landlord what she wants you to do with the keys.
 
What is the date of each month that your rent is due?

If for example it is the 1st of each month, a 30 day notice given to her in PERSON on 23 February will allow you to leave by 31 March (close of business).

If you mail the notice, the law usually allows seven days for the recipient to receive the letter (in some states that is ten days).

You can use an overnight service.
If you mail it on 23 February, it would arrive on 26 February, making the 31st of March acceptable. However, this year the 31st of March is a Saturday. If I were you, I'd make sure to take videos of the place after you removed your property. I'd also ask the landlord what she wants you to do with the keys.
I think your right. I will deliver it in person and also pay my rent for the month of march and I will also video the whole transaction. I had planned on video the house as soon as had everything moved and cleaned
 
The reason for wanting to know my rights is because I can't move in to my new place until April 1

See if you can work something out. At the end of the day, if you hold over, the landlord's recourse will be to file an eviction action. Will your landlord actually do that? You obviously know better than we would. Even if the landlord does this, it will take longer than a couple weeks to work its way through the court. If you're going to be out within a couple weeks, it would be nonsensical for the landlord to file in court.

her and I also had a verbal agreement that she would give me 60 day notice went the place sold

If you have no evidence of this alleged agreement other than your own testimony, then the only way you'd be likely to prove it would be if the landlord admitted to it. Moreover, unless you gave the landlord something in return for this agreement, it wouldn't be enforceable (I disagree that the statute of frauds would render this sort of agreement unenforceable, though).
 
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