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View Full Version : Can tenant move out without advance notice?! Virginia


francino
03-28-2009, 03:53 AM
I am currently deployed overseas; had a decent tenant family for about 4 years now. I just got an e-mail from my tenant that they just moved out after getting approved to buy a new house, and will be vacating the property as of April 1, basically giving me 3 day notice.

-Initially we signed a two year leasing agreement though a management co.,
-Then we renewed that same lease for 1 more year.
-About a year ago, I terminated my relationship with the managment co., and notified the tenant 30 days prior in writing. told him to start sending the rent straight to me, etc, and I held the deposit money. We didn't really discuss any new or old lease agreement. I wanted to hire a new managment co., but never got to it...

-My impression was the old lease agreement, were still in affect, month to month..

-In the original lease agreement made signed by the 3 parties, there is a clause that states either landlord or tenant has to notify other party 60 day in writing prior to vacating the property or returning from overseas to re-occupy the property.

-Has the tenant broken the law? DO I have the right to keep the 1 month-rent security deposit? and Should I pursue to collect another month rent from tenant?

-Even though last lease time frame was April 07-April -08 before I stared managing the property on my own, does the terms of the old lease still apply month to month? And doesn't Virginia law state at least 30 day advanced notice?


Thanks in advance for any help.

panther10758
03-28-2009, 07:46 AM
The original lease is still binding and good. You can sue them for any unpaid rent long as you make reasonable to rerent place

francino
03-28-2009, 09:11 AM
Thanks for the reply.

I am planning to hire another Pm ASAP. Should I have the new PM pursue the unpaid rent? Is this a reasonable plan since I am deployed overseas.

They still have the keys, and he e-mailed asking for the security deposit. SHould I ask for the keys initially and not mention anything abut suing, or should I should try to come to a mutual agreement..and point out to him how he broke the lease?

I think he thinks he got the better out of me becuase i am deployed overseas and was managing it by myself, so he thinks he can get away with it..

panther10758
03-28-2009, 09:36 AM
You should look up local laws site them in demand for rent letter. You can also remind them if they still have keys they still have possesion of unit

francino
03-28-2009, 10:33 AM
Thanks for your reply.



Should I get a friend to get the keys in person and do an inspection, or ask the tenant to place them under door mat or mail them?

I am worried if I tell them to place them under door mat or mail them, they will get delayed/lost and tenant claim no responsibility?

panther10758
03-28-2009, 12:31 PM
You are probably best to keep others out of this

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