Legal Question in Landlord & Tenant Law in Virginia

I told told I only had to give a 30 day notice, lease states 60 day

Approximately 6 weeks ago, I was told by the rental manager of my property that when my lease expired in March, 2007 they would be selling property. I was dealing with two different woman on this, the rental property person and another agent. I asked the agent if I found something before March could I go ahead and move and she stated yes, that it would help the owners sell the house as well. I asked if I had to give a 60 day notice and she stated I only had to give a 30 day notice. I found a place and gave a 30 day notice. The rental property manager stated that the agent didn't give me the correct information but to go ahead and fax my termination of lease. I faxed this on June 26th, and asked if there was a problem to let me know. Today, exactly two weeks later, I get a voicemail that states the owner have thought about it for a while and decided I should give a 60 day notice. I feel that they gave me incorrect information to begin with, and because of that, that they should be responsible for the second months rent. I want to know what my legal stand is on this issue. thanks and have a good week!


Asked on 7/10/06, 2:19 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: I told told I only had to give a 30 day notice, lease states 60 day

You say that you apparently relied on "another agent" as to whether you could prematurely vacate your premises without penalty. What it may come down to is whether this person who gave you what now appears to be incorrect information was legally empowered to speak for the rental property manager or the landlord? If not and your reliance on her statements was not reasonably understandable, then you're likely stuck for the extra month's rent.

However, if the opposite is true and your reliance was reasonable, then you must decide whether it's worth the time and expense of your possibly having to litigate.

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Answered on 7/10/06, 2:57 pm


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