landlord informs me they are selling the rental home

My lease is up 31st of this month. When I paid the rent for April, my landlord
tells me she is selling the house. I have purchased my own home and close on
April 26th and will be out of the house by April 31st. She has since informed me
that I am required to give her 60 day notice to vacate. What is my legal
standing? seems to me she gave me 30 day nitice to vacate. I have not signed a
new lease or a month to month agreement. Can she keep my deposit?

Asked on April 11, 2017 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Actually, a landlord selling her house does not require a tenant to vacate: the buyer would be buying the home subject to any tenancies and with the lease still in place. So her telling you that she is selling is not legally notice to vacate.
You only need to provide 60 days notice IF the currently in effect lease requires you to do do. If it does, and you provide less than that, she can hold you liable for the extra time (e.g. if you owe 60 days notice, or two months, but gave only 2 weeks, she can seek 1 1/2 mo. more rent, representing the balance of the notice time). If the lease doesn't require this, however, you don't owe an particular notice: at the end of the month, when your lease expires, you tenancy is over, and you should owe nothing beyond that.


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