The Virginia month-to-month rental agreement enables a landlord to rent real property to a tenant in exchange for monthly payments. The contract carries a commitment of one month at a time and renews at the beginning of each month until it is canceled by the landlord or the tenant.
A month-to-month lease in Virginia is preferred by those who desire flexibility. Perhaps, an apartment building owner is planning to sell the building. The owner may want to be able to sell it without the encumbrance of having long-term tenants in place because a new owner may want to convert the apartment building into condominiums.
From a tenant’s point of view, a month-to-month lease may be appropriate if they do not plan to stay in the rental unit for a long time, such as a student renting the unit for only a school year, and then going home for the summer.
Virginia Notice Requirements for Month-to-Month Lease Termination
Under Virginia law § 55.1-1253, either the landlord or the tenant may terminate a month-to-month lease by serving a written notice on the other party. This written notice must be 30 days prior to the termination date unless the month-to-month lease provides for a different amount of time.
Raising Rent in Virginia
Virginia laws place no restrictions on the amount of rent that a landlord may charge. For tenants who have a month-to-month lease agreement, a landlord may increase the rent at any time by any amount by serving the tenant with a written notice 30 days before the rent increase goes into effect. For leases that have a certain termination date that exceeds one month, a rent increase may not be made prior to the termination date of the lease.