I've lived in this apartment for 4 years. For the past year we have been going month to month, as we anticipated we might need to move out when we purchased a condo.

Well, we got the condo, and now need to close in 1 month, yet the management in our apartment complex tells us we need to give 60 days notice, and that it's in our lease agreement. So basically we'll be paying both mortgage and rent for 1 month.

So, I've done some research and am still very confused. I saw a post on apartmentratings.com, where a tenant stated that he was in the same situation in my apartment complex, and that he told him that a 60 day notice on month to month leases is against Virginia State law. He then said the management caved in immediately. I however would like to have some proof that this law exists but I'm having trouble finding the information.

Yet I've seen other posts which state that if it says 60 days in the lease, then 60 days it is.
Kind of defeats the purpose of going month to month doesn't it? It's something I should have realized when I went month to month, I guess I just assumed common sense would dictate that when you go month to month, it's because you may need to move out in a month... not two months.

I appreciate any help you can give me on this.


By the way, sorry I posted the same question in a similar thread, didn't realize I could start my own topic. Please ignore my post in the other thread. Thanks.

When you go month to month the terms of the original lease still apply except for the expiration date. So, if the original lease says 60 days, then its still 60 days. So check your lease.

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Originally Posted by ScottGem

When you go month to month the terms of the original lease still apply except for the expiration date. So, if the original lease says 60 days, then its still 60 days. So check your lease.

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Thanks for the quick response Scott.
Quick question though, you mentioned in a different post...

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Unless the written terms of a lease are against prevailing laws then the provisions stand. So unless the law for your area specifically prohibits a 60 notice period, then you are required to give such notice.

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Do you think it's possible that Virginia state law prohibits a 60 day notice period? I'm having trouble finding that information online. Do you know a good resource that would break this down state by state?

Reason I ask is because of the instance I referred to earlier, where the guy stated he mentioned this law to our management and they decided to not enforce the 60 days. Of course this guy could be making this up but I'm not sure what purpose that would serve.

Here is his post...
Opinion of Rosslyn Heights (formerly Summit Village) posted 6/25/2007: Month-to-month Scam

Thanks

Was a new lease written up for the month to month or did you just transfer without paperwork?

It looks like if you are year to year on your lease then a 60 day notice is legal in VA.

This appears to be the applicable law:

LIS > Code of Virginia > 55-248.37

It states that the terms of the written lease apply. It also states that term is AT LEAST 30 days which means it could be more.

OK thanks guys, looks like I'm SOL.