This is a sample of a notice given by a lessee to a lessor that lessee is not going to renew or extend his/her lease. Failure to give such a notice would result in the automatic renewal of the lease. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Virginia Notice to Lessor by Lessee's of Lessee's Intention not to Renew where Lease Provides for Automatic Renewal in Absence of Contrary Notice - Nonrenewal or Not Renewing
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US-01081BG
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How to fill out Notice To Lessor By Lessee's Of Lessee's Intention Not To Renew Where Lease Provides For Automatic Renewal In Absence Of Contrary Notice - Nonrenewal Or Not Renewing?
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FAQ
In Virginia, landlords can evict tenants for a lease violation. The landlord must give tenants a 30-Day Notice to Comply, which provides them with 21 days to fix the issue. Should the tenant be unable to resolve the issue within 21 days, the tenant has the remaining 9 days to vacate the rental property.
Also, you must be given 90 days notice if there is no lease, or if there is a lease with fewer than 90 days remaining, or if you have a month-to-month lease. you should not withhold rent. Withholding rent entitles the landlord to issue a five day pay or quit instead of giving you a 30 day notice.
Lease automatically may renew on a month-to-month basis unless landlord or tenant gives written notice of non-renewal before the end of the set term.
NOTE: Under Virginia law, if you do not have a lease, and you do not pay rent, you are considered a tenant at sufferance. This means you can be evicted for any reason at all, at any time, and no notice needs to be given to you. Under this circumstance you can go from tenant to trespasser very quickly.
The state of Virginia requires that rental properties maintain certain habitable standards. If your landlord doesn't meet them, then you can break the lease without any further obligations. In such a case, a court would deem you to have been "constructively evicted."
Yes, a lease can automatically renew in Virginia. A lease may include an automatic renewal clause, which renews the lease unless either party gives notice before the end of the lease. Sometimes, this clause will renew the lease for the same period as the original lease.
This notice will inform the tenant that the tenant has 21 days to either remedy the violation or move out of the rental unit. If the tenant does not remedy the violation or move, then the landlord can file an eviction lawsuit against the tenant at the end of the 30 days.
