If I sub-lease part of a building andmy lease is up, how much notice to vacate does the landlord have to give me?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I sub-lease part of a building andmy lease is up, how much notice to vacate does the landlord have to give me?

I am a restaurant owner. My lease ran up 2 months ago and we did not sign a renewal. We just said that we would continue the lease for the remaining 10 months that he had a lease in the building. Now he is saying that someone is offering more money and he is thinking about taking it. Can he do that and how much notice does he have to give me?

Asked on September 23, 2011 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Humm.  I think that you may be out of luck here with the space.  Once the lease or sub lease expired you became a month to month tenant.  Your oral tenancy could not go beyond that I think because it would violate the Statute of Frauds law in your state.  The statute of Frauds is a law that states that certain agreements must be in writing to be valid.  Transfers of real property or leases dealing with real property tend to be one of those matters.  You tried to put a lease end date on a month to month tenancy other than 30 days.  I do not think that you can do that.  Seek legal help here.  And start negotiating an increase if you want to stay.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption