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Landlord issued notice to pay rent or vacate on rent not due

Having a dispute with a tenant or landlord? Rental Law discussion

Landlord issued notice to pay rent or vacate on rent not due

Postby chanakya2 » Tue Oct 08, 2013 1:12 am

Here are the details. I live in an apartment building in virginia. I have a lease that expires Oct 27. I requested the apartment mgmt company to allow us to live in the apartment until Oct 31 which they did. On Oct 1, the rent and the utilities come due. On Oct 2, a automatic payment was sent to the landlord which covered the rent and utilities until the end of the lease on Oct 7 and a little bit extra. On Oct 6, I receive a 5-day notice to pay rent or vacate. The notice showed a date of Oct 1 for all the rents and utilities, a date of Oct 2 for my rental payment, and a date of Oct 28 for the pro-rated rent for Oct 28-31.
I understand that if I pay the rest now, the notice will not apply, and that the eviction process itself may take longer than the end of the month.
My question is, since I am paid up till the end of the lease on Oct 27, and the extra rent is dated Oct 28 on the notice, can the landlord send me a notice to pay the rent or vacate before Oct 28? Isn't the pro-rated rent for Oct 28-31 due on Oct 28?
chanakya2
 
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