HELP! Question about renter's/landlord's notice of intent to vacate???

MCunningham

Cathlete
So, I have a question.

My sister lives in Virginia, and she has been subletting a room in a single family home from a couple (let's call them "the Smiths") who's been renting said single family home for a few years. My sister has been living there without incident for about 10 months now. In her lease (which was originally a 6-month lease but was never renewed so it is now a month-to-month tenancy), it says that either party (renter or landlords) must give 60-day written notice of intent to vacate.

She has had a good relationship with them, and they have never had any issues.

On May 1, the Smiths gave my sister written notice saying, basically "this is your 60-day written notice that you are to vacate on or before 1 July... because we have purchased a house and we will also be moving, so our sublease to you is being terminated".

So, my sister went out this past weekend and found her own apartment and intends to move to her new place on Saturday, 12 June and turn do her walk-through and turn in her keys to the Smiths' place on Sunday, 13 June.

She notified them in writing today (34 days before her departure date) that she would be leaving the property and turning in her keys on Sunday, 13 June, so she would be pro-rating her rent for the first 13 days in June.

The Smiths wrote her back via email saying that she is responsible for all the rent until the end of June "per the lease", even though she "intends to vacate early".

My question is this-- how can they make her responsible for the last half of June when THEY gave HER notice to vacate on or before 1 July and she is doing just that, and letting them know 34 days beforehand of her intent to do so??? I can see how she'd be responsible for the whole month of June if SHE was the one to initiate the termination of the lease, but in this case, she is simply following orders by finding another place to live before the 1 July deadline.

I cannot find anything online that addresses this issue specifically (anything I find about renter's responsibility for the rent payment assumes that the renter is the one giving notice and not the other way around).

Can someone please let me know who's correct here? I'd hate to see her railroaded into paying for an additional 2 weeks that she really (in my view) shouldn't have to pay, since they are asking HER to leave.
 
Landlord/Tenant law varies from state to state. If there's nothing specific in the Lease regarding final rent upon terminating the lease, she will need to consult with an attorney there who knows landlord/tenant law to determine what her responsibilities are.
 
I am certianly no lawyer, but simply going off of terminology, her lease is MONTH to MONTH, not DAY to DAY. So if she will be living there for any part of June, she is responsible for the month's rent. It's not the landlord's fault or problem that she is choosing to move early.

Now, that said, if they've had a good relationship with her, as a landlord in a down economy (which I am), I can't imagine NOT pro-rating it for her. It's the nice thing to do. However, I'm guessing that's something that would be up to their discretion, and definitely not a requirement. Again, I'm not a lawyer, but if I were the tenant, that would be my understanding.
 
I am certianly no lawyer, but simply going off of terminology, her lease is MONTH to MONTH, not DAY to DAY. So if she will be living there for any part of June, she is responsible for the month's rent. It's not the landlord's fault or problem that she is choosing to move early.

Now, that said, if they've had a good relationship with her, as a landlord in a down economy (which I am), I can't imagine NOT pro-rating it for her. It's the nice thing to do. However, I'm guessing that's something that would be up to their discretion, and definitely not a requirement. Again, I'm not a lawyer, but if I were the tenant, that would be my understanding.

It has been many many years since I rented, but I recall this being the case. You pay rent month to month and are responsible for each full month. Yet, as mentioned above, you would hope they'd have enough compassion and kindness to pro-rate the rent for her through 13 days of June.

I had this happen once to me. I had planned to be out of the condo on the last day of the month, but my new place wasn't ready, so I called the landlord and asked if I could stay an extra 3 or 4 days and pay a pro-rated fee. The landlord said no and I said, "okay then, I'll leave when I said I was going to and you're going to miss out on those few extra days rent that you would have had". She then changed her mind and let me stay the extra few days. She figured out the a few days rent money was better than me leaving earlier and there being no money.

I really didn't have anywhere to go those few days, but I knew she didn't have anybody else moving in behind me, so I took a gamble. In your sister's situation, they would not have anyone else moving in either, but the difference is that her 30 day notice wouldn't be up by June 1st. She might not have any recourse, but my advice is for her to try to reason with them. I am guessing she's stuck for the whole month's rent though.:(
 
Hm... well, I appreciate your responses, but I've had leases in the past that end in the middle of the month, so I'm not sure the argument that she's responsible for the whole month is valid. I'm actually calling the Virginia Department of Housing to get the real legal response...

Again, I can understand if SHE were the one opting to move out, but since they're basically kicking her out, I cannot fathom how she would be required to pay the whole rest of the month. So stupid!
 
Again, I can understand if SHE were the one opting to move out, but since they're basically kicking her out, I cannot fathom how she would be required to pay the whole rest of the month. So stupid!

You do have a point here. I agree that she shouldn't have to pay the whole month. However, what the law says and what we think, might be two different things.

The best thing for you and your sister to do is find out what the law would require in this particular situation.
 
I have to agree. Unless there's a clause in the lease specifically stating that it ends mid-month, or that should the landlord initiate the termination, pro-rating would apply, she's stuck.

Again, it's not the nice, civil thing to do, but legally, your sister may not have a leg to stand on.
Best of luck with your search!
 
Hm... well, I appreciate your responses, but I've had leases in the past that end in the middle of the month, so I'm not sure the argument that she's responsible for the whole month is valid. I'm actually calling the Virginia Department of Housing to get the real legal response...

Um, I'm kinda confused as to why you didn't do that in the first place.
 
As a former real estate agent (though not in that state) leases are typically for the ENTIRE month and are not prorated if a tenant decides to move before the end of the lease term (though I agree, it would be the right thing to do)...She has until the end of June to move her belongings. It actually isn't a bad thing! She can move one weekend and then has another 2 1/2 weeks to do her final cleaning and walk-through and won't be so rushed to get it done!

If the verbiage in the lease stated "with 60 day written notice", she still doesn't have a "problem" with her landlord's. They have given her the entire 60 days to find other housing options. Thankfully she was able to do so with such short notice, but is still liable for the remaining time....UNLESS...in many leases (I'm talking about the people she's leasing from), there is a "no-sublet" clause...In THAT case...Well, that's a whole different can of worms...

MJ in MN
 
I had a sort of similar situation when I lived in VA--I was renting an apt & I broke the lease b/c my heat broke once a week & they required me to be there during the day for the repairman, obviously taking one day off every week from work b/c of a poor heating system was not an option--so after 2 months of this I broke the lease & moved out.

Before I did this I consulted w/an attorney who told me that, according to VA law, if they wanted to recover the remaining balance they'd have to take me to court & prove that they made an effort to re-rent the apartment but were unable to (which means they'd have to provide documentation of advertising, etc.).

So, I broke the lease, moved out & never heard a word from the landlord. I think if you pay the half month's rent & move you'd be fine.
 

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