no written lease but everything IS in writing via email/text : ezLandlordForms

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no written lease but everything IS in writing via email/text

Sara G

started a topic about 8 years ago

I dont have a written lease per se with my tenant.. but It is all written out in email and text messages and saved before he agreed to the terms. In the state of VA anything under a one year lease is considered month to month. He told me yesterday that he was going to be leaving next week. His rent is due in 5 days. There is a 30 day notice period that is also required. Im looking for documentation to give to him so he understands why he needs to still pay. Any ideas?

2 Comments

Derrick D

said about 8 years ago

Yes he would be required for the full month but for you to be able to claim that from them in court you will need all of the evidence of any lease in place and proof of first notice to leave. Try to gather as much proof as possible and notify the tenant you will be submitting it to court if they do not pay. This should all be done through small claims.

Christian S

said almost 8 years ago

So in the future definitely get an official lease. You put yourself at risk by just having email/text messages as a lease agreement. You could certainly hold him accountable for the money due to the end of his month-to-month lease but you might want to ask yourself if it is worth it. Just get another tenant in there and move on with life.