Virginia lease ending and holdover law: 60 days for mass non-renewals and the old terms continue
Va. Code 55.1-1253 covers how periodic tenancies end and what happens to a holdover. It adds a 60 day notice for owners who fail to renew many month-to-month tenancies at once, and it says the old terms keep governing a tenant who stays with the landlord's agreement.
How much notice ends a periodic tenancy?
Subsection A lets either side end a week-to-week tenancy by serving written notice at least seven days before the next rent due date, and a month-to-month tenancy by serving written notice at least 30 days before the next rent due date, unless the rental agreement provides a different notice period. The parties may agree in writing to end a tenancy early.
What is the 60 day notice for multifamily owners?
Subsection B applies to an owner of a multifamily premises that fails to renew the greater of 20 or more month-to-month tenancies or 50 percent of the month-to-month tenancies within a consecutive 30-day period in the same premises. That owner must serve written notice on each affected tenant at least 60 days before allowing the tenancy to expire. The 60 days are not required where the tenant has failed to pay rent as the rental agreement requires.
Example a made-up owner has 120 month-to-month tenancies in one building. Not renewing 60 of them in the same 30 days (50 percent) triggers the 60 day notice. Not renewing 10 would not, because the threshold is the greater of 20 tenancies or half of them.
What happens to a holdover tenant?
Subsection C covers a tenant who remains in possession without the landlord's consent after the term or termination. The landlord may sue for possession and may also recover actual damages, reasonable attorney fees and court costs, unless the tenant proves by a preponderance of the evidence that the failure to vacate was reasonable. The lease may include a reasonable liquidated damage amount of no more than 150 percent of the daily rent for each day the tenant stays after the termination date in the landlord's notice. For public housing and other HUD-regulated units, the cap is the daily rent itself.
If the landlord consents to the continued occupancy, section 55.1-1204 applies instead, a section I did not read.
Which terms apply when the tenant stays with consent?
Subsection D deals with termination where the tenant remains with the landlord's agreement, either as a holdover or as a month-to-month tenant, and no new rental agreement is entered into. The terms of the terminated agreement remain in effect and govern the holdover or month-to-month tenancy. The rent is either the amount in the old agreement or an amount set in a written notice to the tenant, and a new amount does not take effect until the next rent due date that comes 30 days after the notice.
So Virginia treats a quiet continuation as the old lease on a month-to-month basis, and a rent change needs written notice. The section does not describe an automatic renewal clause or any notice for one.
Notes for owners of several units
If you own a multifamily building, count the month-to-month tenancies you plan to let expire in any 30 day period and compare the total to the threshold of 20 tenancies or half of them. If you are near it, serve the 60 day notice on every affected tenant, and keep the dated copies in each file. For a single holdover, send written notice of any new rent so it takes effect no sooner than the next rent due date at least 30 days later, and keep the old lease terms in force until a new agreement is signed.
How DoorKeeping fits
DoorKeeping counts the number of month-to-month leases ending in any 30 days at a property and warns you when you approach the 60 day threshold. Rent-change notices show the first allowed effective date. Anything involving money waits for your approval. This is general information, not legal advice. Check the current statute or ask a local attorney before you rely on it.
Sources
Questions
- How much notice ends a month-to-month tenancy in Virginia?
- Written notice served at least 30 days before the next rent due date, unless the rental agreement sets a different period.
- When does Virginia require 60 days' notice of non-renewal?
- When a multifamily owner fails to renew the greater of 20 or more, or 50 percent, of the month-to-month tenancies in the same premises within 30 days.
- Which terms govern a Virginia holdover with the landlord's agreement?
- The terms of the terminated agreement, with rent either as in that agreement or as stated in a written notice effective no sooner than the next rent due date at least 30 days later.