[andersonm024]

I live in Virginia and my year lease is up tomorrow. My landlord was supposed to contact me over a month ago to discuss rental terms for the next year. She never contacted me and I could not get in touch with her. She waited until the day before my lease is about to expire to contact me. She tells me that she was out of the country and she could not call me. By the end of call we could not come to an agreement on the lease terms and I told her I would be moving and I needed 2 weeks to move. She told me that I had to pay for the whole entire month even though we would be out by the 15th. She will not prorate it and she said she is not legally bound to do so.

Also let me add that I never received a copy of my lease after repeated requests!! :mad:

My understanding of the law is that I am required to give her 15 days notice and the rent must be prorated.
Also I am afraid if she does prorate the rent, she will somehow find a way to keep my security deposit!

So I ask... does she have to prorate the rent?:confused:

[landlord advocate]

I live in Virginia and my year lease is up tomorrow. My landlord was supposed to contact me over a month ago to discuss rental terms for the next year. She never contacted me and I could not get in touch with her. She waited until the day before my lease is about to expire to contact me. She tells me that she was out of the country and she could not call me. By the end of call we could not come to an agreement on the lease terms and I told her I would be moving and I needed 2 weeks to move. She told me that I had to pay for the whole entire month even though we would be out by the 15th. She will not prorate it and she said she is not legally bound to do so.

Also let me add that I never recieved a copy of my lease after repeated requests!!!:mad:

My understanding of the law is that I am required to give her 15 days notice and the rent must be prorated.
Also I am afraid if she does prorate the rent, she will somehow find a way to keep my security deposit!

So I ask...does she have to prorate the rent?:confused:

Does she normally rent by the day or by the week? If she rents only by the year or occasionally by the month, then she is continuing with her normal way of doing business. Your lease expired the end of the month. If you want to rent for another year, you need to sign a new lease. If you do not, then you need to leave. An alternate option is to rent on a month to month basis which is usually more expensive than signing a one year lease. In your case, you have chosen to stay 15 extra days. It doesn't sound like she is a boarding house, motel or hotel. It sounds like you are now on a month to month verbal lease until you move out. Give her notice of your intentions as soon as possible and move out at the end of the month. With a month to month lease, it is customary to give the landlord a 30 day notice, which includes a full rental period. Give your notice in writing so there is no misunderstanding.

[ScottGem]

What law are you looking at? What does your lease say about what happens when the lease term terminates?

Generally, when a lease term terminates, unless a new lease is signed, then the lease goes to a month to month lease. The terms of the original lease continue with the exception of the term. On a month to month lease either party can terminate the lease with notice, generally equal to one rental period.

So, since you were not able to reach terms on a new lease, it reverts to month to month. You have to give 30 days notice of your intent to move and she would have to give 30 days notice for you to leave.

From this standpoint, she is correct that you owe a full month, but at the existing rental. Legally she can withhold part of your security deposit for unpaid rent.

I would suggest that when you do vacate the apartment, you do a walk through with the landlord and/or an impartial 3rd party and have the LL sign off a checklist so there will be no shenaigans about damages.

[Cvillecpm]

You owe thirty days written notice - you can move ANYTIME - however, you need to pay rent for the full 30 days.