Virginia Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant

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US-00895BG
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Description

A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.

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FAQ

As long as the tenant does not violate any rules, they can stay until their rental period ends. However, a tenant can be evicted if they stay in the property even a day after their written lease ends (and have not arranged for a renewal).

Most of the time, the penalty fee for breaking a lease in Virginia is one or two months of rent. The best thing both parties can do before ending a rental agreement is to review the initial document to see if it has an "Early Lease Termination" clause; that will prevent misunderstandings and legal problems.

Updated April 6, 2023. Rental property owners in Norfolk, VA, know it's important to understand how month-to-month lease agreements work. Unlike a long-term lease, a month-to-month agreement is automatically renewed unless either the tenant or landlord provides notice of non-renewal.

The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period. The landlord and the tenant may agree in writing to an early termination of a rental agreement.

toyear tenancy in a nonresidential rental property may be terminated by either party giving three months' notice, in writing, prior to the end of any year of the tenancy, of his intention to terminate the same.

The Virginia Residential Landlord and Tenant Act (VRLTA), Sections 55-248.2 through 55-248.40 of the Code of Virginia, establishes the rights and obligations of landlords and tenants in the Commonwealth. Only the courts can enforce those rights and responsibilities.

Lease automatically may renew on a month-to-month basis unless landlord or tenant gives written notice of non-renewal before the end of the set term.

The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period. The landlord and the tenant may agree in writing to an early termination of a rental agreement.

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Virginia Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant