Breaking a Lease in Virginia: Landlord/Tenant Guide 2024

Like most states, breaking a Virginia lease is generally only allowed without penalty except in very specific circumstances. From a landlord and tenant perspective, it’s important to fully understand the laws surrounding early lease termination and the penalties each party could be responsible for.

If you’re wondering, “How can I break my lease in Virginia without penalty?” Hopefully, this guide will help. In the following sections, we’ll review legal reasons to break a lease in Virginia and applicable penalties and responsibilities for both landlords and tenants.

Key Takeaways

• Virginia landlord-tenant laws outline the circumstances in which a tenant can break a lease without penalty and what penalties landlords can apply to tenants who do so without cause.
• Understanding the details and nuance of breaking a lease in Virginia is crucial to avoiding costly penalties to tenants and potential legal peril for landlords.
• TurboTenant offers a detailed background check for tenants and state-specific leases to ensure that you’re finding the best candidates for your rental and that all state laws are covered in the rental agreement.

Legal Reasons for Breaking a Lease in Virginia

A lease is a legal contract between a landlord and tenant, and only a few situations exist in which a tenant or landlord can legally terminate the contract early and without penalty.

The most common situations where breaking a lease is legally allowed are:

• Active military duty
• Domestic violence
• Landlord harassment
• Unit is unsafe or violates safety codes
• Early termination clause
• Mandatory Disclosures not given

We’ll discuss them in further detail now.

Active Military Duty

If a tenant signs a lease and then enlists in the armed forces, federal law allows the tenant to break a lease without any penalty from the landlord. To pursue this, tenants must be enlisted in the “uniformed services,” provide the landlord written notice 30 or more days before the next rent payment is due, and deliver a copy of the military orders.

Victims of Domestic Violence

Victims of domestic violence and abuse can terminate a lease early as long as the tenant has secured an order of protection from a court according to Virginia law. The tenant must provide written notice of the intent to terminate the lease agreement and provide a copy of the protection order to ensure no penalties.

Landlord Harassment

Landlord harassment can include several things. Landlords must provide at least 24 hours notice before entering a rental unit for regular maintenance. Also, landlords cannot change the locks, turn off utilities, or remove windows or doors. These actions can be construed as landlord harassment, enabling tenants to break their leases without penalty.

Unsafe Unit

Landlords must provide a habitable unit under local and state housing laws. If the unit is unsafe to occupy, the court could consider the tenant “constructively evicted” and, as such, no longer responsible for rent payments. Reasons to deem a unit infit include lack of heat, faulty doors and windows, and other inoperable utility services. The landlord has a reasonable timeframe to correct the issue, but if they do not, a court could allow the tenant to end the lease without penalty.

Mandatory Disclosures

In Virginia, landlords must disclose certain conditions, such as methamphetamine manufacturing, mold, or defective drywall, to name a few. If the landlord fails to provide written disclosure before the tenant signs the lease, the tenant may be able to break their lease within 60 days of discovering the issue. TurboTenant has written these mandatory disclosures into our lease agreements, so Virginia landlords are covered from the jump.

Early Termination Clause

Sometimes, a Virginia lease could include a clause dictating how to end a lease early and any associated penalty. In this case, the tenant should follow the signed agreement, which often requires proper written notice to be presented to the landlord — usually 60 days. Additionally, the tenant will have to pay the amount outlined in the clause, which often equals one to two months’ rent.

How to Break a Lease in Virginia Without Penalty

The first step to breaking a lease in Virginia is to review the signed rental agreement as thoroughly as possible to identify a potential course of action. For example, an early lease termination clause could provide the means to break the lease early. If the lease contains nothing that can be cited, proper notice and clear communication are critical to ensure compliance with applicable laws while avoiding costly penalties.

The written notice should clearly outline the reasons for breaking the lease, including any documentation that could support your case. For a month-to-month lease, the notice period should be at least 30 days before the next rent payment is due. If you’re breaking a lease for one of the legally allowable reasons outlined above, typically, 30 days’ notice is required, which will also allow landlords to cure any violation, if possible.

Landlord Rights and Responsibilities

Virginia law contains a quirk not found in many other states regarding lease breaking. When a tenant breaks a lease for almost any reason, landlords in Virginia have a duty to mitigate damages. This means a landlord must try to re-rent the property as soon as possible and avoid leaving the unit vacant while attempting to collect rent. The unit must be leased at a comparable rental rate since inflating the rent to prolong the vacancy period is not permissible.

If the landlord cannot re-rent the unit within a reasonable time frame, the tenant could still be liable for the remaining rent during the lease term, including sacrificing the security deposit, unless a court finds the reason for breaking the lease legally acceptable.

Tenant Rights and Responsibilities

Tenants are responsible for following the terms in the lease exactly as signed, except in the cases outlined above. In all cases, tenants should notify the landlord of their intent to break the lease and why they chose to do so.

While the landlord is responsible for mitigating damages and finding a new tenant as soon as possible, tenants should continue paying rent until that happens. Thorough documentation can help support any legal claims.

Preventing Tenants From Breaking The Lease

Maintaining a positive and working relationship between landlord and tenant is crucial to the long-term viability of a rental property. Breaking a lease can cause undue stress and a financial burden to landlords, so what can you do to prevent these situations?

• Find quality tenants: By conducting thorough background checks, landlords can avoid potential lease-breaking by renting to qualified tenants with no history of evictions or late rent payments.
• Open and clear communication with tenants: Quickly addressing your tenants’ needs and hearing their concerns is a great way to maintain a solid landlord-tenant relationship.
• Clear and comprehensive lease agreements: A clear and fully comprehensive lease agreement is a great way to prevent miscommunication and lease violations. It will provide a roadmap so everyone is on the same page throughout the lease term.

How TurboTenant Can Help

TurboTenant is a fully featured property and rent management software that makes life easier for landlords and tenants. With access to state-specific, legally reviewed leases, a tenant management system, and a robust maintenance management system, landlords can be comforted knowing they’ll be kept fully up-to-date with their tenants’ statuses, no matter how many properties are being managed.

Ultimately, broken leases can be an unsettling experience for all parties, but TurboTenant offers comprehensive resources to landlords and tenants to make sure everyone’s experience is as pleasant as possible, including a mobile app for landlords and tenants that keeps everyone on the same page.

So, sign up for a free account today and see how TurboTenant can work for you and your properties.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.