Automatic renewal of lease in Virginia

This is a discussion on Automatic renewal of lease in Virginia within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I reside in VA, currently my lease renewed on July 1 for another year. Each year I receive a letter ...

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Old Jul 15th, 2010, 12:20 PM   #1
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Confused Automatic renewal of lease in Virginia

I reside in VA, currently my lease renewed on July 1 for another year. Each year I receive a letter explaining that its time to renew my lease and/or rent increasing from property mgmt. This year I didn't. However, my rent did increase I was informed of this after I paid the incorrect amount under the old(2009) lease agreement which I was informed hours later. I have yet to sign a new lease. My question.. if rent has increase is a new lease required in order for this to become effective. I am trying to find a way to provide my 60 days notice without breaking my lease. Here is the clause in my lease regarding the atomatic renewel......"AUTOMATIC RENEWAL OF LEASE, THIS LEASE WILL BE AUTOMATICALLY RENEWED FOR A ONE YEAR PERIOD UNLESS WRITTEN NOTICE OF TERMINATION IS GIVEN BY EITHER PARTY AT LEAST 60 DAYS BEFORE THE END OF THE ABOVE LEASE TERM OR RENEWAL OR EXTENSION PERIOD UNLESS ANOTHER LEASE IS SIGNED BY BOTH PARTIES.
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Old Jul 15th, 2010, 12:38 PM   #2
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Default re: Automatic renewal of lease in Virginia

That post in CAPS pretty much seals deal in their favor
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Old Jul 16th, 2010, 05:21 AM   #3
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Default Re: Automatic renewal of lease in Virginia

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Originally Posted by DMAN0518 View Post
I reside in VA, currently my lease renewed on July 1 for another year. Each year I receive a letter explaining that its time to renew my lease and/or rent increasing from property mgmt. This year I didn't. However, my rent did increase I was informed of this after I paid the incorrect amount under the old(2009) lease agreement which I was informed hours later. I have yet to sign a new lease. My question.. if rent has increase is a new lease required in order for this to become effective. I am trying to find a way to provide my 60 days notice without breaking my lease. Here is the clause in my lease regarding the atomatic renewel......"AUTOMATIC RENEWAL OF LEASE, THIS LEASE WILL BE AUTOMATICALLY RENEWED FOR A ONE YEAR PERIOD UNLESS WRITTEN NOTICE OF TERMINATION IS GIVEN BY EITHER PARTY AT LEAST 60 DAYS BEFORE THE END OF THE ABOVE LEASE TERM OR RENEWAL OR EXTENSION PERIOD UNLESS ANOTHER LEASE IS SIGNED BY BOTH PARTIES.
The answer to your question is a definite maybe, based upon the answer to THIS question:

Does it say anywhere in your lease that there is an automatic increase in rent for the new renewal term? Or did the LL provide you with a written notice prior to the expiration of the previous lease period to tell you that there would be a rent increase commencing upon the start of the new lease renewal period?

If it does NOT, then the rent you pay is exactly the same as with the prior lease term. The automatic renewal simply means that the lease will automatically renew, absent notice given by either party of their intent NOT to renew, at the SAME terms and conditions as the original lease.

You have the right to proper notice of a rent increase or decrease in services.

If you have signed a lease, your landlord cannot raise your rent until the lease expires. If you rent month to month, the landlord must give you a 30-day written notice before the increase in the rent or decrease in services. But if you are under an existing lease that will be automatically renewing, then it goes without saying that the LL should give you sufficient notice of any rent increase to allow you to consider that increase in whether or not to terminate the tenancy at the end of the current lease period. If no rent increase notice was given to you before the 60-day mark, then it would be assumed that the lease would renew at the SAME terms and conditions as the original lease since the time has passed to allow for a legal termination by either party.
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