Breaking a lease in Virginia

You and the tenant may agree in writing to end a lease early. Without that agreement, a tenant who leaves early owes actual damages, which may include rent until the term ends or a new tenancy begins, whichever comes first; you must try to re-rent, and you may not get a judgment for accelerated rent for the rest of the term.

Va. Code § 55.1-1253(A) Va. Code § 55.1-1251

• The state military termination rule covers Armed Forces members and National Guard members serving on full-time duty or as civil service technicians. Qualifying grounds include permanent change of station, temporary duty longer than three months, discharge or release from the specified service, and government quarters that cause loss of the quarters allowance. A qualifying emergency stop-movement order must be indefinite or last at least 30 days and prevent residential use of the leased home. No liquidated damages may be charged. Va. Code § 55.1-1235
• A qualifying victim of family abuse, sexual abuse or assault, stalking or trafficking may end the lease obligations effective 28 days after serving written notice, using the protective-order or criminal-document routes below. Rent remains payable through that date, no liquidated damages may be charged, and co-tenants remain liable. Va. Code § 55.1-1236
• If you do not tell the tenant of a single-family rental within five business days after you receive a lender's notice of default, acceleration or foreclosure sale, the tenant may end the lease on five business days' written notice. Va. Code § 55.1-1237
• If the sole tenant dies, the lease is deemed ended on the date of death without a court order, and the estate owes actual damages that you must mitigate. Va. Code § 55.1-1256(C)
• If you willfully fail to deliver possession, rent stops until you do and the tenant may end the lease on five days' written notice. Va. Code § 55.1-1238
• If your lease lets you approve or refuse a sublessee or assignee, decide within 10 business days after receiving the applicant's written application on your form; not acting in time is evidence that you approved. Va. Code § 55.1-1204(G)
• Military notice must state an effective date at least 30 days after the first rent-payment due date following delivery. Before that termination date, provide either the official orders notification or a signed letter from the commanding officer confirming the orders. The statute preserves the tenant duties it references in section 55.1-1227. Va. Code section 55.1-1235(B)-(D)
• The victim protective-order route covers orders under sections 16.1-253.1 or 16.1-279.1, or preliminary or permanent orders under sections 19.2-152.9 or 19.2-152.10. The order must be obtained during an active, current rental agreement, and termination notice must be given while that order or an extension is in effect. Va. Code section 55.1-1236(A)(1)-(2)
• The criminal-document route includes a conviction order or a warrant, summons, information or indictment charging a listed crime against the victim during an active, current rental agreement. A conviction can support termination of the agreement in effect when the conviction order is entered and one subsequent agreement. Serve the written notice and provide a copy of the qualifying order or criminal document. Va. Code section 55.1-1236(A)(3), (B)
• The victim's tenant duties continue through the effective termination date, and co-tenants remain responsible for rent for the balance of the term. If the perpetrator becomes the sole tenant still obligated, the landlord may terminate that remaining tenancy and pursue actual damages under section 55.1-1251. Va. Code section 55.1-1236(C)-(E)

Either side may end a month-to-month tenancy with written notice served at least 30 days before the next rent due date, unless the lease sets a different notice period. A week-to-week tenancy needs seven days' notice before the next rent due date.

Va. Code § 55.1-1253(A)

• An owner of a multifamily property who, within any 30-day period, does not renew at least 20 month-to-month tenancies or at least half of them in that property, whichever number is greater, must give each of those tenants at least 60 days' written notice, except a tenant who has not paid rent. Va. Code § 55.1-1253(B)
• If you own more than four units, a notice that you will not renew a lease term is due at least 60 days before the term ends. Va. Code § 55.1-1204(K)
• A tenant who stays without consent after the tenancy ends owes actual damages, attorney fees and costs unless staying was reasonable, and the lease may set liquidated damages of up to 150 percent of the daily rent for each day of holding over. Va. Code § 55.1-1253(C)
• If you do not offer a written lease, the tenancy runs 12 months by law and does not renew automatically. Va. Code § 55.1-1204(C)
• You may not end a tenancy to retaliate against a tenant for protected activity. Va. Code § 55.1-1258 See Retaliation on the Virginia page