Virginia Laws About Breaking a House Lease
The Virginia Residential Landlord and Tenant Act governs all residential rental agreements in the Commonwealth. Virginia Code Title 55, Chapter 13, contains the elements of the Virginia Residential Landlord and Tenant Act. To terminate a residential lease agreement, Virginia law requires either landlords or tenants to provide one another with written termination notice, and they must terminate according to the terms of their lease agreements. When tenants fail to terminate their lease agreements properly, they remain liable for additional rent.
Virginia Residential Landlord and Tenant Act
Monthly tenants or week-to-week tenants may terminate their tenancies at will, with written notice. At-will exceptions allow landlords and their tenants to terminate their lease agreements without providing reasons for termination, as long as they did not sign written lease agreements. Notice, under Virginia law, must be written and hand-delivered, or sent by regular mail to a legal address. Virginia provides a limited exception to the written notice requirement when one party gives the other verbal notice. However, the party providing verbal notice has the burden of proving she gave notice, which is generally difficult to prove without written substantiation. Thus, tenants who sign annual lease agreements cannot usually terminate their tenancies until the end of their leases. However, tenants may have rights to terminate their tenancies before the end of their lease terms if their landlords violate their lease obligations or anti-discrimination housing laws.
Landlords' Duties
Virginia law requires landlords to comply with applicable state and local housing codes regulating health and safety. Landlords must provide necessary repairs to keep their units in fit shape and must keep all common areas in clean and safe condition. Landlords must supply hot and cold running water, and air conditioning and heat, if provided. Landlords also have duties to provide peepholes and locks that meet the Uniform Statewide Building Code's regulations for exterior doors if they rent more than five apartments in one building.
Notice of Noncompliance
Tenants have the right to break their lease agreements after serving their landlords with 30 days of written notice to remedy their violations if those violations endanger safety and health, or violate a landlord's obligation to provide essential services, as determined by the lease or state law. Implied essential duties include a landlord's duty to provide running water. When landlords do not repair those defects within 21 days, tenants have legal rights to terminate their lease agreements, and do not have to pay future rent after notice becomes effective. Landlords must then return all remaining security deposits within 45 days and provide written itemizations for any deductions, but only if they performed on-site inspections before occupancy documenting the existing condition of their homes.
Exceptions
Military tenants may terminate their rental agreements by providing their landlords with written notice within 30 days of the beginning of the next rental period if they are ordered to permanently change stations further than 35 miles away from their rented homes. They must provide their landlords with copies of their deployment or station transfer orders.
Considerations
Since employment laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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