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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.

Fairfax, VA |

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


Posting the same question multiple times won't change the answer. See my response to your posting elsewhere.

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 probably will not get much input to your question(s) without allowing an attorney to review your lease and the notice(s) that you received. For example, I have no idea if your lease is month-to-month or if you are under a term. I also have no idea if the notice was done properly. It is possible that a landlord could accept rent after serving a notice and thereby make that notice invalid, but if the landlord reserves his/her rights, in writing, then the landlord can take the payment and still pursue eviction. You should consult with an attorney.

DISCLAIMER: The information you obtain at this site is not, and is not intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. While I invite you to contact me and welcome your calls, letters, and electronic mail, contacting me does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established (as by signing a written legal services agreement or by entering an appearance in court on your behalf). Any response is intended solely to give you limited, general information on the issue presented. Michael J. Carmody is licensed to practice law in Virginia, the District of Columbia, Maryland, and Tennessee.

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