Legal Question in Landlord & Tenant Law in Virginia

I signed a rental lease in Virginia from 8/1/2008 to 8/1/2009. I am still in the rental house, but no new agreement either written or verbal was done on 8/1/2009 to renew the lease for a new year. I recently received a job offer and I must move by 8/1/2010. I gave written notice on 6/20/2010 that I intended to be out of the house by 8/1/2010. The landlords mentioned needing 60 days prior to the lease ending and we have not spoken about the consequences yet. I need to know where I legally stand. Since I could not given any further written notice due to my job, how much am I legally required to owe the landlord? Will I just owe through August 20, 2010 or can they claim that I automatically renewed for another year since I did not give them notice on 6/1/2010?

Thank you.

The clause in the lease is below.

Cancellation: Renewal.

Landlord or Tenant my terminate this Lease effective at the end of the initial term of this lease or at the end of any subsequent term upon written notice ("Notice to Cancel") given to other party at least 60 days prior to the end of the then-current term of this Lease. Tenant, in addition to providing sufficient notice to Landlord of an intention to terminate, must be current in rental payments. If no such Notice to Cancel is given, the term of this lease shall be extended for self-renewing 12 month terms until either party gives Notice to Cancel in accordance herewith, unless terminated in accordance with any other applicable provision of this Lease, or in accordance with applicable Virginia law. Rent for such renewal terms shall increase by two percent (2.00%) over the rent payable during the most recent term of this Lease. Upon surrender of the Premises, Tenant shall pay for all damages or assessments for damages made by Landlord against Tenant in accordance with the schedule for physical damages contained in the Damage Addendum or other provisions of this lease or as otherwise provided by law.

(The 2% rent increase was marked out by landlord and initialed at signing)


Asked on 6/25/10, 8:50 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

A reasonable interpretation (in my opinion) would be that you will owe rent for the entire month of August increased by 2% (but not beyond that).

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Answered on 6/26/10, 4:13 am


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