If I sub-lease part of a building andmy lease is up, how much notice to vacate does the landlord have to give me?
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If I sub-lease part of a building andmy lease is up, how much notice to vacate does the landlord have to give me?
I am a restaurant owner. My lease ran up 2 months ago and we did not sign a renewal. We just said that we would continue the lease for the remaining 10 months that he had a lease in the building. Now he is saying that someone is offering more money and he is thinking about taking it. Can he do that and how much notice does he have to give me?
Asked on September 23, 2011 under Real Estate Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Humm. I think that you may be out of luck here with the space. Once the lease or sub lease expired you became a month to month tenant. Your oral tenancy could not go beyond that I think because it would violate the Statute of Frauds law in your state. The statute of Frauds is a law that states that certain agreements must be in writing to be valid. Transfers of real property or leases dealing with real property tend to be one of those matters. You tried to put a lease end date on a month to month tenancy other than 30 days. I do not think that you can do that. Seek legal help here. And start negotiating an increase if you want to stay. Good luck.
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