How much time does a landlord have to answer a vacate notice?

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How much time does a landlord have to answer a vacate notice?

I received an acknowledgement after a month. When I gave the notice I was told 51 days notice is sufficient and I didn’t have to worry. Later when I received the acknowledgement it has the charges for the 9 days short notice. What can be done if it was miscommunicated that a short notice is sufficient?

Asked on July 19, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to read your written lease carefully that you have with the landlord for the property rented assuming there is one. The written lease sets forth your and the landlord's obligations to each other regarding the property.

If there is a written lease, most likely there will be provisions for notices to end the lease. If so, you need to comply with the notice provisions or be subject to penalties for not complying with the lease's terms.

However, if you gave written notice to your landlord and he/she said 51 days was fine, was the approval for the 51 days in writing from the landlord or done by word of mouth. If done in writing, you have a good argument that you should not be charged for the 9 days short notice. If the agreement for 51 days was by word of mouth by the landlord to you, do you have witness to verify what was said other than yourself?

If the landlord told you 51 days notice was fine and is now holding you to 60 days, you could sue him/her in small clains court if there is one in your county for whatever extra charges are being kept from you in a refund.

Good luck.


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