Minimum Timely Notice
What is the minimum time required in Virginia for a Landlord or Tenant to give notice of either a change in the lease agreement or vacating the premises when the lease pertains to commercial property? There is no time limit provided in the lease. A Hold Over clause provides that the old lease provisions will remain in effect on a year to year basis in the absence of a new written agreement or the Landlord’s acquiescence. I hold that due to the nature of my business, timely notice is necessary to find new premises and have them ready to move into before a new agreement would take effect, in case I could not agree to the new provisions.

Are there any statutory time limits that protect the Landlord and/or Tenant in the event none are provided for in the lease agreement?

Landlord-Tenant Lease dispute
My 5 year lease expired on 12/31/08. It contained a Hold Over clause stipluating the Landlord’s acquiescence and no new written agreements, which there were none. The clause maintains the provisions of the expired lease on a year to year basis, to which I claim should take effect.

The Landlord gave notice to one tenant (with a similar lease) in July, 2008 that there would be a new lease and increase in rent but never gave a notice to me. Months went by without any mention of a new lease or increase in rent. Finally in December, the Landlord stopped by with a letter mentioning an increase in rent plus an annual 3% increase for the next 3 years, but no new lease accompanied the letter. I objected on the grounds that I was not given a timely notice and on December 29th, the Landlord delivered a new lease agreement demanding it be signed by 12/31/08 or to vacate and have the unit ready for inspection by 1/1/09.

My position is that absent the same notice given another tenant and in consideration of the Hold Over clause, I should be able to expect a timely notice of an impending change in the lease but none was given. Am I obligated to vacate or can I hold the Landlord to the Hold Over clause?

Evicition from home
This is a very complicated case. My wife and I moved from one state to another and thought that we were on a lease with someone else. Well come to find out we were 6 days late on our rent and the land lord gave us an eviction notice and a no trespassing notice all int the same day. They would not allow us to pick up our belongings from the house. This went on for 2 weeks before we finally got our stuff back. We singed in on a lease with another couple, but being that we didn’t sign on the back and on the bottom, we technically didn’t have a lease agreement with them. Once the Land lord realized what had happened, he tried to throw it off as us ”subletting” with the couple that was primary on the lease. Here’s the kicker, in the lease it plainly states that there is to be no subletting of the property. What kind of advice could you possibly give me to get back the 2 weeks that my family and I were out on the street without anything at all to our possession. If I were to take them to court, what could I do to stop this man from doing this to someone else’s family. Thank you in advance!!

Do you need Landlord approval of subtenant?
Do you need the landlord’s approval of the subtenant, if in fact, nowhere in the lease agreement does it state that you cannot sublease?