Question #12737

Is it legal to deny a tenant s 30 day notice of intent to vacate?

I have been living in an apartment in VA for 5 years. During this time, management changed, and the new company has been terrible (entering apt without notice, poor maintenance, failure to provide timely renewals, etc.). My lease expired at the end of last month, and I had to remind them that I had not received a...

  • ?

If you dont want to renew your tenancy you have to give notice. Unless your lease calls for 60 day notice, they do have to accept. You are still under original lease terms. If there is no such clause as a 60-day notice, and Virginia requires 30 day notice, the management must accept it. Be sure you send it certified mail. Did you send it on March 1? Then you can leave by March 31.

  • Anonymous

No. If your lease is expired, that's it. If you gave 30 days notice with less than 30 days left on your lease, you nay owe one extra month, that's it.

  • Pascal the Gambler

they don't have a choice.

  • loanmasterone

If your lease has expired, you are able to move with providing your landlord the proper notification. In most cases this would be a 30 day signed written notice to your landlord.

  • curtisports2

Did you keep a copy as proof? They can say anything they want. A judge will hand them their head on a platter if they try to pull the 'we refused to accept tenant's vacate notice'. You just need proof that you notified them. This is why you do it by mail with signed proof of delivery. You still have time to do that before March ends, and you can legally be out at the end of April.

  • Bort

An agreement on paper is not required by law. When you don't have a lease that's on paper you're in a verbal month-to-month agreement. Since "you delivered" the 30 day notice, assuming that means you hand delivered it, they can deny it but since there is no lease it's likely (but I don't know for sure because I don't know Virginia law) they can make you responsible to pay one more months rent due to the agreement being a month-to-month basis.

  • DEBS

On the surface, no. That would mean that they could keep you under contract forever.

  • acermill

You need to check your current lease. Some leases contain a clause of "automatic renewal" if you do not properly notify management that you are terminating. If no such clause exists in your lease, you then need to provide WRITTEN notice of termination according to the requirements of your lease.

  • Donnie Porko

If it says you must give them 30 days notice that you’re moving out and you gave them 30 days then they have to let you leave.

  • tro

no, if you give them a 30 day notice you are fine, they cannot force you to sign a new lease