Notice of Termination for Month To Month tenancy - Virginia
Asked Nov 18, 2007, 03:56 PM
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 itís 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 donít 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 Ĺ ) times the rent due on the last month of the expired lease term unless we otherwise agree in writing.