Virginia Tenant claims month-to-month & moving out 11/8

[Dawn Johnson]

Hi!

My tenant called me up 10/09 to announce she is moving out on 11/8 and giving 30 days notice.

I had a yearlong lease in place, and when it was up for renewal, I reached out by text “were you planning to renew your lease”, and she texted back “we love it here and want to renew the lease”. She never completed the renewal form.

I screenshotted, printed, and filed it away as renewed for the year. Text and verbal agreements are legally binding in Virginia (where the rental is).

I really believe she initially intended it to be a year long renewal, as she also remarked she was very happy, as it is only a block walk for her daughter to school.

She now has a boyfriend (he hasn’t moved in), and a house they want to move into together, so she is giving notice.

She is focusing on the clause in the lease that states: “HOLDING OVER: Any holding over after expiration hereof, with the consent of the Owner, shall be construed as a month to month tenancy in accordance with the terms hereof, as applicable. The terms and conditions of this lease will continue to apply.”

My point is that the Notices section directly above it states: “NOTICES: Any notice which either party may or is required to give, may be given by mailing the same, by certified mail, to Tenant at the premises, or to Owner at the address shown in Section 2. Rent or at such other places as may be designated by the parties from time to time. This includes notification or requests for repairs. Tenant is required to notify Owner in writing of Intention to Vacate or Intention to Re-new at least 60 days before the expiration of this lease. Tenant agrees to immediately notify Owner or Agent in writing by certified mail of any dangerous or hazardous conditions existing on the premises.”

It was my understanding that even if she were on a month-to-month, she would still have to give 60 days notice.

Am I the one who is wrong here? I am trying to make sure I am only enforcing the lease and not reading it with a biased perspective.

I would happily consult an attorney for a reasonable fee (any recommendations are welcome.)

The original annual lease had an end date of 3/31, if that is helpful to know.