Once a written ease expires and the tenancy becomes month-to-month, do the original lease terms still apply?

UPDATED: Oct 1, 2022

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Once a written ease expires and the tenancy becomes month-to-month, do the original lease terms still apply?

I have been renting for almost 3 years. The landlord notified me that she is putting property for sale. We had a rental agreement for the first year. Since then we have continued to rent on a monthly basis. Do the details of the initial

agreement still apply? How much notice is required to vacate the property? The original lease has a 60 day notice.

Asked on September 16, 2017 under Real Estate Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, once a written lease expires and reverts to a month-to-month tenancy, any terms provided in the original lease expire. Therefore, the 60 day notice to vacate is not applicable. With a month-to-month, a 30 day notice is appropriate.

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