Legal Question in Landlord & Tenant Law in Virginia

Verbal Notice to Vacate a Lease

Does verbal notice officially cancel the terms of a lease in alexandria, va?

I--name removed--a landlord and my tenant asked to end her lease early so she can accept a job in another state. I verbally accepted it with 60 days notice.

My tenant showed the apartment to two potential applicants, and I verbally accepted an applicatation. I sent her a text message saying when the new tenant would move in and she agreed to the move out date.

One day after accepting the applicant (no signed lease and money deposited by new applicant) my tenant called me wanting to now stay in the apartment. I agreed as long as she signed a new one year lease.

She said didn't have to because the terms of the old lease were still binding. In my opinion she terminated the lease on June 16th and her actions by showing the apartment proved her intent. The terms of the old lease no longer apply.

Please advise.


Asked on 6/28/08, 10:49 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Verbal Notice to Vacate a Lease

I would concure in your assessment of the matter (unless the original lease contained a provision which required the written agreement of the parties for the early termination of said lease).

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Answered on 6/28/08, 1:55 pm


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