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Landlord served a 30 day email notice to vacate in Virginia. After 30 days she is willing to accept the rent for another month.

San Jose, CA |

Does that mean the 30 day notice to vacate is invalid? Can she still serve an eviction if she accepts the rent? If she changes her mind & asks me to move out again, should she serve another 30 days notice in advance in the state of Virginia & then proceed with the eviction process after serving 30 days notice? Is an email notice considered valid? Thanks in advance!

The email notice was served on May 6th. So, does that mean the tenant can stay until June 6th or June 30th? Is the notice served properly? Tenant is on a month to month basis. In the meantime, it's been not even a month. The land lord has already posted an ad on June 1st looking for a new tenant without informing the current tenant who is still living there. Payment is due for the month of June. Landlord is willing to accept the rent. Please advice!

Attorney Answers 2


You need to talk with a Virginia landlord-tenant attorney since all your questions will be governed by Virginia landlord-tenant law. Here in Oregon, email is not valid notice at all and legally speaking is no different than having sent no notice at all. Termination notices should contain the date the tenant is required to move out by and is done on calendar days, not necessarily going to the end of the next month. You are correct, at least here in Oregon, that acceptance of rent for time after a specified move out date in a notice waives a landlord's right to try to evict pursuant to that notice. if they change their mind or otherwise decide they want to evict, they have to start over with a new notice. Note that this is true in most States but Virginia law may or may not be different. That's why you need to consult a Virginia licensed landlord-tenant attorney. With such specific, targeted questions, they shouldn't charge you very much, if anything, to provide specific answers and will likely know the answers off the top of their heads. Good luck.

Greg Abbott
Consumer Law Northwest
6635 N. Baltimore, #254
Portland, OR 97203
"Practicing Landlord-Tenant Law in Oregon for Over 20 Years"

Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship. Gregory L. Abbott, Attorney at Law, 6635 North Baltimore, Suite 254, Portland, Oregon 97203. Tel: 503-283-4568; Fax: 503-283-4586; Email: Specializing in Consumer and Small Business Law.

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You may want to address your question to a competent attorney who is licensed to practice law in Virginia.

Michel Rouhani
Litigation Attorney
Santa Clara County, California

This answer is limited to California law and procedure. Other jurisdictions may have other laws and procedures.

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