In Virginia, a tenant can end a fixed-term lease early without penalty if one of several conditions are met, such as a privacy violation by the landlord. If none of the conditions are met, the tenant is liable for all remaining rent until a new tenant is found.
| Reason | Legally Acceptable? |
| Active Military Duty | Yes |
| Early Termination Clause | Yes |
| Domestic or Sexual Violence | Yes |
| Uninhabitable Living Conditions | Yes |
| Tenant Death | Yes |
| Unenforceable/Void Lease | Yes |
| Landlord Harassment | Yes |
| Mental or Physical Disability | Yes |
| Landlord Retaliation | Yes |
| Job Relocation | No |
| Backing Out Before Move-In | No |
| Buying a House | No |
A tenant can break a lease early, without penalty, because of military duty in Virginia. Under federal law, active service members who move due to deployment or a permanent change of station can break their lease early. [1] This protection begins on the date in which the tenant enters active duty and ends between 30-90 days after the date of discharge.
This right cannot be waived. Any lease clause attempting to is unenforceable.If a landlord doubts the authenticity of a tenant’s request to terminate a lease due to military duty, the landlord may submit a Record Request to obtain a report certifying active duty status of a tenant. However, the landlord must create an account to use the Record Request.
A tenant must provide the landlord with a written notice and proper documentation to terminate a lease early for military duty. The lease will not terminate immediately. The tenant can terminate the lease within 30 days from when the notice is delivered.
For example, if the notice was delivered on the 23rd of March and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st. Therefore, rent is still due for the month of April.
In Virginia, an early termination clause can allow a tenant to break a lease early, without penalty. A tenant could only break the lease if an early termination clause exists in the agreement. In Virginia, a landlord is not required to include an early termination clause.
A tenant may be able to terminate a lease early in exchange for paying a penalty through an early termination clause. An early termination clause will allow a tenant to break the lease after 30-60 days of providing notice.
Not all leases contain an early termination clause. If this is the case, and both the landlord and tenant want to end the lease, they may mutually agree to end the lease. The landlord and tenant would write the terms of the termination agreement, sign it, and begin complying with the agreed upon terms to terminate the lease.
A tenant can break a lease early, without penalty, because of domestic violence in Virginia. Under Virginia law, tenants who are victims of domestic violence, sexual assault, stalking, or sexual abuse are protected as long as the tenant can provide the landlord with proof of abuse.
This right cannot be waived. Any lease clause attempting to is unenforceable.
In Virginia, for an act of domestic violence to qualify as grounds for breaking a lease, all must be true:
A tenant can prove or verify domestic violence by providing the landlord with a copy of: [11]
To verify the signature on a court document, a landlord may consult a list of current judges in the state. To further verify if the court documents are legitimate, a landlord may call the court and ask for the clerk to confirm that the order was issued.
To terminate a lease early for domestic violence in Virginia, a tenant must provide the landlord with proper documentation and a written notice of termination. The lease will terminate 30 days after the landlord receives notice of termination. [11] The tenant remains liable for any damage done to the rental unit as well as the rent due for the final month.
In Virginia, a tenant can break a lease early, without penalty, due to uninhabitable living conditions if all of the following are true: [4]
This right cannot be waived. Any lease clause attempting to is unenforceable.
In Virginia, certain statutes set forth specific instances that qualify as uninhabitable living conditions. To start, a unit must fail to meet certain physical health and safety standards under the implied warranty of habitability that are not as a result of the tenant’s actions or negligence.
Here are a few examples of minimum habitability requirements that a landlord must provide:
Any situation that materially affects the physical health or safety of an ordinary tenant makes that rental unit uninhabitable. For example, if the rental unit contains dangerous mold, it will be considered uninhabitable.
To break a lease for uninhabitable conditions, the landlord must notify the landlord. The notice must be in writing of the condition. Landlords have 10-15 days to repair the problem.
In Virginia, to prove or verify uninhabitable living conditions, a tenant must show all of the following:
Upon receiving notice, the landlord may verify the conditions by inspecting the property. If the tenant intends to make the repair themselves, the tenant must provide the landlord with a copy of the repair bill and receipt for the payment.
If a tenant wishes to terminate their lease early due to uninhabitable living conditions, they must notify the landlord in writing. The letter should state that they are terminating the lease due to the landlord’s failure to address the conditions, and if possible, include evidence of the violation and a repair request notice.
The tenant is entitled to a prorated refund of rent from the date of termination or the date the tenant moves out, whichever is later.
If the landlord disputes the legitimacy of the uninhabitable conditions, they may file a complaint with the Virginia District Court asking a judge to determine whether the unit is truly uninhabitable.
While it’s not called constructive eviction in the law, Virginia also allows a tenant to recover costs, rent paid, deposits, and similar expenses from a landlord whose property was condemned after failing to comply with a repair request. [10]
In Virginia, a tenant’s estate can terminate a lease early, without penalty, if a tenant dies before the expiration of a lease. [5]
This right cannot be waived. Any lease clause attempting to is unenforceable.
According to Virginia law, if the tenant who signed the lease was the sole occupant and over 18, their death would be considered a valid reason to terminate the lease. If there are minors living with the deceased tenant, the landlord will make arrangements with their new legal guardian(s).
The estate may provide the landlord with the deceased tenant’s death certificate as evidence of tenant death, or the landlord may obtain the tenant’s death certificate from the Virginia Department of Health upon request.
The personal representative of the deceased tenant’s estate, who may also be referred to as an executor or administrator, should provide the landlord with a copy of the tenant’s will or a court order that identifies the individual and describes their role as the estate’s representative.
If a representative of the estate wishes to terminate a lease early due to tenant death in Virginia, they must provide the landlord with written notice within a reasonable time frame after the death, remove the tenant’s property from the premises, and sign an inventory of the removed property.
Termination of the lease is not effective immediately. The lease becomes a part of the tenant’s estate, and the manager of the estate will decide whether to continue or terminate the tenancy.
The tenant’s estate will still be responsible for any past due rent and any damages to the premises that are beyond normal wear and tear. Until the lease is officially terminated, the tenant’s estate will still be responsible for rent.
In Virginia, a tenant can break a lease early without penalty if there are unenforceable clauses or provisions that make the lease voidable. [6] Specifically, a tenant can break a lease early if the lease was signed under duress, if the tenant is a minor, or if the unit is illegal.
This right cannot be waived. Any lease clause attempting to is unenforceable.
In Virginia, a lease would be deemed unenforceable or voidable if any of the following are true:
In order to demonstrate that a lease was signed under duress, a tenant must prove that they are not acting of their own free will when they signed it. Duress can be evidenced by threats of harm or physical violence, but the tenant must also prove that those threats were the reason they signed the lease. After that, the burden of proof shifts to the other party, who must demonstrate that the tenant was not coerced into signing the lease.
To prove or verify that the party signing the lease was a minor, the easiest way will be to prove documentation of a birth certificate showing exactly when the tenant was born. Once confirmed as a minor, they will then be given the choice of whether they want the lease to be void.
To prove or verify that the unit is illegal, a tenant can search public files at the local housing inspection department or agency. A tenant can search these files online by locating the “Certificate of Occupancy” document. Generally, every city or county will have a database where an individual can input the address of the property in question. Simply search “[the county or city name] + certificate of occupancy.”
If a lease is considered void or unenforceable, the lease is immediately terminated and it is as if the lease was never signed. Therefore, the tenant can move out immediately and does not have to pay rent anymore.
Furthermore, because the agreement is viewed as never in existence, any security deposits paid should be returned. The first step is asking the landlord to return the security deposit. However, if the landlord claims they do not owe money, a tenant may have to resort to filing a lawsuit in small claims court.
In Virginia, a tenant can terminate a lease early due to landlord harassment or privacy violations. [7] However, a court must determine whether landlord harassment occurred before a tenant can break the lease.
This right cannot be waived. Any lease clause attempting to is unenforceable.
In Virginia, the following behavior qualifies as landlord harassment:
A tenant may prove or verify landlord harassment by keeping written records of any harassment or taking photos, if possible. At the hearing, a landlord may be able to counter this with similar evidence.
For example, a tenant may provide a court with pictures of an exterior door with no locks. In turn, the landlord may present evidence that the landlord was required to change the locks and show the court a receipt from a locksmith with an installation date for a new lock.
To terminate a lease for landlord harassment, a tenant must get court permission. The tenant must file a complaint with the Virginia District Court.
Upon receiving the complaint, the District Court will timely review the documents and notify the parties whether the filing is accepted or rejected. The court will set a hearing, where the court will determine if landlord harassment occurred and if the lease should be terminated. The landlord and tenant are bound by the findings of the court.
In Virginia , as with all other states, a tenant can break a lease early, without penalty, because of a mental or physical disability.
Practically speaking, a tenant with a disability could request to terminate the lease if they are no longer able to function in a regular rental unit and need specialized care.
Not all physical and mental disabilities may meet the requirements for terminating a lease early.
Both the Fair Housing Act and the Americans with Disabilities Act (ADA) provide protection to individuals with disabilities, allowing them to request reasonable accommodations. Reasonable accommodations refer to modifications, changes or exceptions made to policies, practices, or services to ensure individuals with disabilities have an equal opportunity to enjoy their living space.
An individual is considered to have a disability if they have a physical or mental impairment that significantly restricts one or more major life activities. The impairment must be documented, which may include hospitalization records and documented time off as a result of the disability.
A physical or mental impairment includes diseases and conditions such as:
When proving or verifying disabilities, there are two methods by which to do so:
Under the FHA or the ADA, a tenant with a qualified disability can request early termination of their lease as a reasonable accommodation. Once the landlord receives this letter, then they will terminate the lease.
However, if the landlord refuses to honor the tenant’s legitimate request for early termination, the tenant may need to file a Fair Housing complaint or take legal action.
In Virginia, a tenant can break a lease early, without penalty, if a landlord retaliates against the tenant. [8] Virginia law does not allow a landlord to retaliate against a tenant for exercising their rights under the law.
This right cannot be waived. Any lease clause attempting to is unenforceable.
Virginia law sets forth specific instances that qualify as landlord retaliation. First a tenant must do one of the following:
After a tenant exercises one of these rights, any of the following actions may qualify as landlord retaliation:
In Virginia, a tenant can establish a case for landlord retaliation by providing evidence of the rights exercised under the law. This could include documentation of a complaint filed with a governmental agency or a copy of an eviction proceeding or an altered lease.
However, if the landlord can prove that the action was not taken for purposes of retaliation, they will not be held liable. This would require the landlord to provide evidence that they intended to take the same action before the tenant’s actions.
A landlord may also show that they exercised certain lawful rights through any of the following:
To terminate a lease for landlord harassment in Virginia, a tenant must get court permission. To do so, the tenant must file a complaint or petition with the Virginia District Court.
After the landlord files an answer to the complaint, the court may set a hearing. If a court finds that landlord retaliation occurred, the tenant may terminate a lease and the landlord may be liable for monetary damages.
For example, by law, a tenant may recover one month’s rent plus $500, plus court costs and reasonable attorneys fees as well as moving costs (less any delinquent rents).
A tenant cannot break a lease early due to a job relocation in Virginia. No laws exist in Virginia to allow a tenant to automatically break a lease for a new job.
However, some leases contain a “transfer clause” which may allow a tenant to end a lease early if they are relocating for a new job.
In Virginia, a tenant cannot break a lease early after signing the lease but before moving in. However, a tenant may terminate the lease under an early termination clause, if the lease contains one.
In Virginia, a tenant cannot break a lease early due to buying a house unless the lease contains a clause allowing the tenant to terminate the lease early because of a new home purchase.
If there is no legal justification for breaking a lease early, then the tenant will be responsible for the remaining rent due for the lease.
Virginia does not have a law limiting the amount a tenant owes a landlord when breaking a lease early. A tenant could be liable for paying the remaining rent through the life of a lease. However, a landlord must mitigate damages and seek to replace the tenant.
When a tenant breaks a lease early in Virginia, rather than charging the tenant for the total remaining rent due under the lease, a landlord must make reasonable efforts to find another tenant so as to mitigate damages. [9] If the landlord finds a new tenant, the original tenant will only be responsible for the amount of time the unit was vacant.
Virginia state law does not grant tenants, by default, the right to sublease. Instead, they must have explicit, written consent from the landlord to do so. If a tenant is able to sublet the premises, they will not be liable for the total remaining rent due under the lease.
In Virginia, tenants will be held liable for all remaining rent and property damage unless the landlord found a new tenant.
If not, potential consequences include:
Under the SCRA, a servicemember may terminate residential leases if he or she is transferred after the lease is made.
To terminate a lease early, military members must prove they signed a lease before entering active duty and provide written notice along with military orders to the landlord of their intent to end the lease early.
Any tenant who is a victim of family abuse, sexual abuse or other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 may terminate such tenant’s obligations under a rental agreement under the following circumstances.
The landlord shall comply with the requirements of applicable building and housing codes materially affecting health and safety; and make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
The rental agreement is deemed to be terminated by the landlord as of the date of death of the tenant who is the sole tenant under a written rental agreement still residing in the dwelling unit.
A rental agreement shall not contain provisions that the tenant…sustained by him and reasonable attorneys fees.
If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement.
A landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by causing a termination of the rental agreement.
The landlord shall mitigate damages in accordance with Section 55.1-1251. “Remedy After Termination.”
A. If the tenant gave notice to the landlord during the tenancy that his dwelling unit was in violation of an applicable building code, such violation posed a substantial risk to the health, safety, or welfare of a tenant, and such violation resulted in the tenant being excluded from his dwelling unit due to such unit being condemned, the landlord shall be liable to the tenant for actual damages. The landlord shall also return to the tenant any (i) prepaid rent that had not become due as of the date of condemnation, (ii) security deposit, or (iii) rent paid, if any, to the landlord subsequent to the unit being condemned.
B. No landlord shall be liable pursuant to this section if:
1. The condemnation of the dwelling unit was caused by (i) the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant or (ii) an act of God; or
2. The lease was properly terminated pursuant to § 55.1-1240.
A. Any tenant who is a victim of (i) family abuse as defined by § 16.1-228, (ii) sexual abuse as defined by § 18.2-67.10, or (iii) other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 may terminate such tenant’s obligations under a rental agreement under the following circumstances:
1. The victim has obtained an order of protection pursuant to § 16.1-279.1 and has given written notice of termination in accordance with subsection B during the period of the protective order or any extension thereof;
2. The victim has obtained a permanent protective order pursuant to § 19.2-152.10 and has given written notice of termination in accordance with subsection B during the period of the protective order or any extension thereof; or
3. A court has entered an order convicting a perpetrator of any crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, sexual abuse as defined by § 18.2-67.10, or family abuse as defined by § 16.1-228 against the victim and the victim gives written notice of termination in accordance with subsection B. A victim may exercise a right of termination under this section to terminate a rental agreement in effect when the conviction order is entered and one subsequent rental agreement based upon the same conviction.
B. A tenant who qualifies to terminate such tenant’s obligations under a rental agreement pursuant to subsection A shall do so by serving on the landlord a written notice of termination to be effective 30 days after the tenant serves the termination notice on the landlord. The tenant shall also provide the landlord with a copy of (i) the order of protection issued or (ii) the conviction order.
