I am currently renting, in Virginia, as a month-by-month holdover tenant in an apartment complex. The original rental agreement expired about 1 1/2 years ago. However, the original lease says that any notice to terminate the lease (on the part of the tenant) must be given at least 60 days in advance of such termination. And according to VA law, the terms for termination of a month-by-month lease carry over from an expired lease.

So as far as that goes, it seems I am stuck with the 60 day requirement. However, I also entered into agreement with the leasing company to do a 45-day termination. Under this agreement, they had the option of leasing to someone else after 45 days; if they were able to find someone to take my place, they (and not I) would have to pay for the last 15 days, so long as I agreed to get out of the apartment by the end of the 45 day period.

Unfortunately, the leasing company just called me and informed me that they have found someone to take over my lease, but not until right after the end of the 60 day period. That means that they found no one to take it after the 15 day period. But that also means, according to our agreement, that I do not have access to my apartment for those last 15 days, and I still have to pay rent for those 15 days. This just seems wrong to me, even though I obviously entered this agreement. Is there any way I can amend the notice to vacate so that I actually have access to the apartment I'm paying for, for those last 15 days?

Thanks!

Fr_Chuck

If they signed an agreement to let you out in 45 days, they will have to honor it, unless there was some rule to allow them out. But if they are not going to honor the agreement, then it should have been made invalid by them.

But again these are the issues that will not be proved till you refuse to pay, and see if they sue you in court.

froggy7

Chuck, if i am reading this right, they are willing to let him out in 45 days. The problem seems to be that he now wants to essentially revoke moving out at that time, since he has to pay rent for the full 60 days. Which appears to be perfectly in accordance with what the OP agreed to. Now, if I were him I would ask if it would be ok to stay until the end of the 60 days, and see what they say.