Q: My landlord never gave me a new lease to sign. Would that mean I’m on a month to month I’ve lived here for almost 3 yrs

After year 2 he never came by with a new lease I’m just trying to figure out what to do if he tries to kick me out for being behind on rent or what I can do to move out and if I have to give hI’m a 30 day notice instead of a 60 day notice as he has stated in the old lease

Related Topics: 2 Lawyer Answers

F. Paul Maloof

F. Paul Maloof Answered Dec 8, 2019

A: Under the law in Virginia, when the initial term of a written lease ends and the lease is not renewed by a written agreement, the lease tenancy becomes a month to month tenancy by operation of law. A month to month tenancy can be terminated by either party by giving the other party a written 30 day notice of termination, which is provided by the Virginia Code.

Ross Cameron Hart

Ross Cameron Hart Answered Dec 8, 2019

A: Read the last lease the landlord provided - it may have an automatic renewal for another year. Or it may have terms for how 'holdover' (or continued occupancy) is handled. For example it could have an extended notice period (60 days instead of 30) to terminate. If the most recent lease says nothing, then you're likely on a month-to-month. Given that that lease has a 60-day period, you should follow that.

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