‘It was heartless’: 16 Virginia families left scrambling after new building owners give them just 1 month to move out — and it’s perfectly legal. How to prepare for surprise housing issues

‘Heartless’ notices to vacate

In all, 16 families are affected by this abrupt change.

“We don’t understand,” said WIlliams’ neighbor Melanie Steele. “We’re all working class people. We have jobs. We pay rent. I don’t understand why we haven’t been, you know, given any of those choices.”

“To expect people to move in 30 days, at-the-drop-of-a-hat notice, that’s kind of hard in today’s economy,” Randy Steele said. “Everybody’s kind of unnerved about it and upset.”

However, while the notice is short, local Legal Aid representative Zachary Brown said the 30-day term of notice is legal.

In general, when someone buys a property, they have to honor any pre-existing lease agreements; tenants cannot be asked to leave until the lease expires or unless they violate their lease by refusing to pay rent or they substantially damage the property. But this doesn’t apply to any tenant who has a month-to-month agreement with the landlord.

There may be one silver lining for tenants hoping for a bit of extra time to find a new apartment. The 30-day notice, regardless of when it's served, will always take effect on the next rental payment due date, not just 30 days after the notice is given. This may buy a tenant some extra time to find a new home.

The Community Action Network offers this example: “If a landlord wants the tenant to vacate on February 1st, they would need to give a 30-day notice at least 30 days before February 1st. This means that the landlord would have to give the notice on December 31st or earlier. If the landlord did not give the 30-day notice until January 3rd, then the notice would not take effect until the next rental due date and the tenant would not have to vacate until March 1st.”

They also state that this notice does not equal an eviction. While the abruptness may feel like an eviction, especially in the case of our Roanoke residents, it will not count as an eviction on a tenant’s rental history, and so won’t prejudice any future landlords against them.

In today’s tough housing market, this 30-day rule can feel surprisingly abrupt. Tenants who have had their agreements terminated with their landlords can push for change by speaking to their local representatives, at the state and federal levels. The changing times may mean that it’s time to update the laws that govern rental agreements.

Williams would probably agree. “I feel like it was heartless. I feel like they should have gave us a notice when they put the property up for sale. ‘Hey, guys, we’re selling it. Find somewhere to go.’ Give us time, a little bit of time, 60 days, 90 days. That’s fair,” she said.

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How renters can manage surprise evictions

Whether you’re facing a real eviction, or a notice to vacate, it can be a stressful time. The best way to manage it is to plan ahead and take steps now if you’re a renter.

One of the best ways to prevent surprises like this is to lean on your community. Forming a tenants association if one doesn’t already exist in your building or neighborhood can help circulate info (like your landlord choosing to sell the building) and also help other tenants understand their rights and responsibilities. A tenants association can have regular meetings with the landlord and so stay on top of news with the building, including any intent to sell.

If you have to move in a hurry, be sure you protect yourself from the unexpected expenses by putting aside money in an emergency fund. The typical emergency fund has three to six months of expenses saved, so that the cost of paying first and last months’ rent on a new home can be easier to absorb. If you don’t already have an emergency fund, consider opening a dedicated high yield savings account and adding a portion of your income each month to cushion the blow for any unexpected costs. Even a small amount is better than nothing.

Finally, keeping your credit score in good standing is a great way to be prepared for an unexpected move. A good score— usually considered 670 and over — will make you a desirable candidate for new landlords and can help you edge out the competition in today’s tough rental market.