Virginia Agreed Termination of Lease and Surrender of Premises
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FAQ
Tenants must currently give 21 days notice of their intention to terminate a tenancy. This will change to 28 days. The tenant does not need to give a reason for termination.
Va. 2011). 1. Other than active duty military and domestic violence victims discussed infra unless the landlord has violated the lease, tenants have no legal right to end a lease early, even for compelling reasons such as age, disability, inability to continue to live independently or job relocation.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
Can I Terminate My Tenancy Agreement Early? Yes, you can. Either the landlord or tenant must give an advance notice (depending on the clause in the Tenancy Agreement).
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
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.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
In general, most states allow a landlord to terminate a lease or rental agreement if the tenant: Fails to pay rent; Violates a clause in the lease or rental agreement; Violates a responsibility imposed by law.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
