[dlazic]

Hello all,

We have been renting this unit from a landlord who is giving us a bit of trouble. We signed the lease on June 2006 and the lease ended on June 2007 so now it’s month-to-month.

On March 31, 2007 the landlord sent us a greeting card that the rent will not be raised. Here are her exact words: "I do not want to raise the rent this year", so we thought that the rent would remain the same during our month-to-month tenancy. Just to confirm, she is telling us in writing that the rent will NOT be raised.

However, recently (Nov 15, 2007) we decided to move out so we looked through the contract, did not find anything that applied to us and sent a 30 day notice to our landlord. However, our landlord claims that we have to give two months written notice; she even found the two paragraphs that we thought don’t apply to us.

Keeping in mind everything that I mentioned above, do following paragraphs apply to us?

8. YOUR RIGHT TO TERMINATE THIS LEASE IF TRANSFERRED OR DRAFTED: You may terminate this Lease if you are involuntarily activated into armed forces or if your employer transfers you to a site more than 50 miles from the Condominium. In order to terminate, you must do the following:
- Give me a written notice of intent to terminate and of the date of termination, which shall not be fewer then 2 months after the next rent payment is due following receipt of the notice
-Give me a written proof of transfer or involuntary action; and
- Pay rent in full to the date of termination; or
-As otherwise provided under Federal or State law for military personnel

26. CONTINUING POSSESSION: If you do not vacate the Unit when this Lease expires and if you remain in possession with my consent or acquiescence, then your occupancy will be a month-to-month tenancy under the terms of this Lease provided that the monthly rental will increase to one and one-half (1 ½ ) times the rent due on the last month of the expired lease term unless we otherwise agree in writing.

[N0help4u]

Looks like you have to give two months notice unless you are were drafted or your employer transferred you.

[Fr_Chuck]

Yes, you go to a month to month payment, they waived that payment, but the other terms of the lease would nromally apply to the month to month notices. So it appears 2 months would be the proper notice.

[dlazic]

Ok but by looking at the title of the paragraph "8. YOUR RIGHT TO TERMINATE THIS LEASE IF TRANSFERRED OR DRAFTED"... I thought that this only applies to people who are TRANSFERRED OR DRAFTED?

Other paragraph should not apply either because she wrote to us that the rent will not be raised? Also can someone put that paragraph in English for me please?

[N0help4u]

I think they meant it the other way around, but you might have a chance to fight it saying that it is under the army and employment transfer termination requirements and not mentioned specifically for others not fitting either.

[Cvillecpm]

You owe 60 days notice... military (SSCRA) can end lease on 30 day notice for change of station or active duty...

[ScottGem]

I side with you.

The IF in the clause title means that clause only applies to those circumstances. Therefore any terms under that clause are only applicable in case of you are drafted or your employer relocates you.

Clause 26 however has no application in this instance. Is there any other clauses that refer to termination at all?

[jillianleab]

I agree with Scott. My reading of that clause is that it only applies if you are in the military or are moving because of job relocation. Clause 26 has been waived since the landlord indicated there would be no increase in rent.

[N0help4u]

Yeah I think they meant it to say the other way around meaning if you aren't going into the military or job transfer you have to give two months notice but they failed to mention IF you are N0T going into the military or job transfer.

[jillianleab]

That's the b*tch about contracts - you are supposed to put what you MEAN in as clear language as possible! It does no good to have a clause and then to go back and say, "Oh, well I know it reads that way, but what I meant was..." :)

This is also a great example as to why landlords should use state-issued or lawyer-written contracts... a lesson I learned personally a few years back!

[ScottGem]

The only thing here is that, in the absence of any other clause referring to notice, Clause 8 could be applied.

[jillianleab]

You're right, Scott, it could be, but the only one to make that determination if both parties hold firm would be a judge, and even then it will depend on the judge. It's my understanding (and experience) Virginia judges hold hard and fast to what is written within the four corners of the contract; they don't like to interpret anything. So a literal judge will see this clause is written about military and job transfers, thus making the OP's situation part of a normal month-to-month contract and 30-day notice acceptable. Another judge, as you say, might see this as applicable to ALL terminations, but based on the wording of the clause, I don't think so. "Give me proof of transfer or involuntary action" indicates this termination clause applies ONLY to transfers and involuntary actions...

dlazic, have you tried to negotiate with the landlord, or have you spoken to him/her about the wording of the contract? Since you even have a clause allowing you to terminate for job relocation, I'm surprised the landlord is being so fussy. That's a very generous clause to have!

[dlazic]

Yep, she does not want to listen to us. We spent an hour and a half trying to negotiate something. Its two months or... (I think court). So if I choose court option I want to make sure I am reading this right and I think I am.

To my understanding, first paragraph does not apply to us but to people in military or people with job relocation. It clearly says "IF THIS and THAT then you have to do this"... we are neither THIS or THAT in this case.

I also believe that second paragraph does not apply to us because she told us in writing that the rent will not be increased, even though she now claims that greeting card does not take precedence over that particular clause. But if you read that clause it says "...unless otherwise agreed in writing"... so isn't a greeting card a writing? It was also signed and dated by her.

I hate contracts, and will ask each clause to be explained in detail before I sign it. I also think I am going to fight this in court.

Also someone asked me if there is anything else reffereing to the notice in the contract, the answer is: no there is not.

[N0help4u]

The bottom line is that that section is applied to people going into the military or have a job transfer over 50 miles away so she can not apply it to you even if she meant it to read otherwise.
What I was saying is my guess is she meant to say that the military and job transfer were exempt FROM 2 months and all others had to give 2 months but it is stating they have to give two months and nothing about what she expects in your circumstances.
Try finding a lawyer that can help you. The bar association or a neighborhood legal aid should be able to tell you the cheapest best way to get the right lawyer for you.

[ScottGem]

I agree that 8 doesn't apply to you. Clause 26 only applies as far establishing that you are a month to month tenant. I can't believe that there isn't some other clause in there that refers to terminating the lease. We need to know what that is.

[jillianleab]

I'm sorry to hear your LL won't negotiate with you and that you will end up in court over this. If your LL proceeds the way I would expect this is what will happen:

You move out on the date you said
LL files with the court breach of contract and receives court date
You'll show up in court to defend yourself
Jude will make his decision

Here's what you need to be careful of, though; if your LL actually decides to fight this out in court (she may drop it, as it's a lot of work on her part for one month's rent), chances are the notification of your court date will be sent to the property, not to your new mailing address. If this happens, obviously you won't know your court date, which means if you don't show, the judge will rule against you. You MAKE SURE your LL has your forwarding address, and you might want to consider contacting the country courts and asking if there is a case being filed against you. But just so you know, YOU don't decide to go to court, your LL will make that decision.

Hopefully your LL will drop this once you move out and not go to court over one month's rent. The downside is you are not going to get a decent referral from her, no matter how great of a tenant you were.

[ScottGem]

I can't help but wonder about your not responding to my questions about other clauses relating to termination of the lease. I cannot believe that a lease with a clause like clause 8 would not specifically address the issue of the amount of notice necessary for termination.

Before you let it go to court you really need to get an attorney (if you don't want to give us the opportunity to judge) to look over the lease and determine whether you could win in court or not.

[arsch1]

I had a similar thing happen to me in Mississippi. The outcome: once you are on a monthly basis, the apartment owner has to "assume" that you may leave at the end of the following month; otherwise, the landlord should have another lease contract signed by the occupants. Long story short: a 30-day notice is sufficient on month-to-month contracts. Good luck!

[ScottGem]

I had a similar thing happen to me in Mississippi. The outcome: once you are on a monthly basis, the apartment owner has to "assume" that you may leave at the end of the following month; otherwise, the landlord should have another lease contract signed by the occupants. Long story short: a 30-day notice is sufficient on month-to-month contracts. Good luck!

I disagree. When a lease is converted to month to month after the initial term, then the terms of the original lease still are in effect with the exception of the rental amount and expiration date. If the original lease requires 2 month notice, then that still holds true.

[arsch1]

I disagree. When a lease is converted to month to month after the initial term, then the terms of the original lease still are in effect with the exception of the rental amount and expiration date. If the original lease requires 2 month notice, then that still holds true.

I respect your disagreement, but that was how the judge ruled in my case.