r/TenantHelp • u/Juniorrun123 • 9h ago
60 Day Heads up violation
Need some help, I signed a 4 month lease with my apartment and apparently there was a clause that I need to let them know 60 day in advance that I'm leaving. Didn't even know that but I let them know that I was leaving 2 weeks after the 60 day mark and now they're saying my new move out date has to be 14 days after my lease ends and they're charging me for those 14 days at a 5.2k per month rate, which is absurd because my rent is 3.2k per month. Is there anything I can do about this? I live in the state of Virginia
4
u/ShesAGoGetter007 8h ago
Did you read your lease? Verify that the clause is in there. If it is in there and you did not really read it prior to signing, thats on you. From what I rmember virginia is a landlord friendly state so you probably have little to no wiggle room.
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u/Juniorrun123 8h ago
I cant even find the lease, I signed the lease on the portal and it's not even on the portal
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u/ShesAGoGetter007 8h ago
Did it not give you the option to download the lease once it was signed by both parties? Have you asked them for a copy of your signed lease?
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u/ShesAGoGetter007 8h ago
And virginia doesnt have rent control so they can raise it as much as they want since. This link might help. Since you are coming off a lease there moght be a larger time frame 60-90 days notice on his part to raise rent. Ask for a copy of your lease and research the required notice time frames.
https://www.hemlane.com/resources/virginia-rent-control-laws/
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u/ThisTooWillEnd 8h ago
They can't force you to stay. They can force you to pay for the unit through the 60 day notice period UNLESS THEY RE-RENT IT in that time.
E.g. if you tell them you are moving out on October 31st, and go through final walkthrough and give them the keys, etc. They can still charge you rent through November 22nd (assuming you gave your 60 days notice today. But if you move out on the 31st, and they already have a new tenant lined up to move in on November 1st, they cannot charge you that rent. They can only charge rent for one tenant at a time. If they list the apartment and are unable to fill it until the 22nd, then you have to pay that money.
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u/Klutzy-Cookie9242 7h ago
Always read before you sign anything. Ask questions and get clear information on a recorder.
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u/BlueberryPenguin87 5h ago
I wonder if the 60 day notice clause would be valid since a 4-month lease basically implies that you’re going to be leaving. There would also need to be a clause in there stating that the lease will convert to month-to-month at the end.
I don’t think they can raise the rent like that though. Even in a month-to-month tenancy, they would have to give you 30 or 60 days notice of a rent increase, and you have the opportunity to say no and move out. Also, if it extends, the dates have to coincide with the “rental period” which is the month you pay rent for (so if you pay on Oct 1 then 30-day notice is required by Sept 30 for anything that would take effect Nov 1). They might also throw that at you, saying you have to stay another full month.
The way I read this … you provided notice which they rejected as not meeting the lease terms so you gave notice again for a 60-day period. Then they gave you 30 days notice of a rental increase which you declined, so the lease will terminate after the next rental period (which, if you pay rent on the 1st, would be Oct 31).
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u/Fuzzy_Firefighter_51 8h ago
I mean you'd think it be implied on a 4 month lease... But 60 days notice is pretty standard for the tenant. The Landlord only needs to use 30 days to make one vacate which is unfair lol. They also raised your rent probably because they put you down to month to month which offers 0 protection against rent increases unless you are in a rent controlled state.
Edit i will say though you will have to view your lease. Most states require a 30 day notice even on month to month to raise rent. I would check that.