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Notice requirements during month-to-month tenancy? Rental agreement says 60 days, VRLTA says 30 days. So which is it?

Arlington, VA |

I am renting an apartment that is covered by the VRLTA. Original lease term is expired and I am currently month-to-month. There is an agreement clause that reads:

"Notwithstanding the lease term, lessee shall give no less than sixty (60) days advance notice to vacate."

Is this enforceable during a month-to-month tenancy? It's obviously beneficial for the landlord as it gives more time to find a new tenant. However if the landlord wants a tenant to move the landlord only gives 30 day advance notice.

Have all of us tenants been duped into giving more notice than we have to? What can we do if the landlord does not reciprocate and only gives 30 day notice?

I have been given 30 day notice. It seems unfair at the very least. But is it legal? I have given my landlord notice that 30 day notice is contrary to the 60 day requirement in the rental agreement, and I retained proof of notice.

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Attorney answers 1


Dear Arlington Tenant:

I am an attorney licensed in New York. I do not practice law in Virginia.

You may recall when I answered your earlier question I suggested that you post the question again so that a Virginia attorney has a new chance to answer.

You may feel a bit frustrated. Your question is precise. You did your own legal research ( I trust you also checked the links I provided.) Your state statute is expertly drafted, detailed and direct, and yet here you are.

So you may need to spring into a local attorney's office.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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