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60 Day written notice to not renew lease at end of lease term.

Alexandria, VA |

My 12 month lease ends on November 30, and I am required by the lease to provide 60 days written notice to not renew the lease. On October 6th, I was out of town (and did not have a copy of my lease handy), and called the leasing office to give them 60 days notice, leaving me 6 days lease liability to Dec 6th. I left a message on their answering machine to call me back if there was anything else I needed to do. They didn't call back, so I followed up on Oct 20, and talked to a leasing agent and they said I need to put it in writing, which I did immediately. Now they say I have 20 days of liability to Dec. 20. This seems like unjust enrichment to the landlord. Please help--I don't have $800 to spare.

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Attorney answers 1


Notice of termination has to be given in writing. Voicemail is not good enough, no need for the LL to call you back if the procedure is clearly outlined in your lease. If you gave written notice on October 20th--Dec 20 would be the date of termination. No unjust enrichment--you have the property until Dec 20th and you have to pay up to Dec 20th.

Landlord MAY allow you out of the contract earlier than Dec 20th--perhaps with a fee, perhaps if you can line up a suitable tenant to replace you--they will waive the fee or waive any legal action against you---it may require some creative negotiation, and the LL is not obligated to make a deal, but it can be done.

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