Legal Reasons to Break a Lease in Virginia
Tenants can prematurely terminate their leases when their landlords fail to provide them with habitable premises, according to the Virginia Residential Landlord and Tenant Act. Virginia law requires landlords to provide their tenants with safe and clean housing. Landlords are required to make any repairs necessary to keep their homes and common property in habitable and working order, and they must comply with local building and housing codes.
History and Coverage
In 1974, the Virginia General Assembly enacted the Virginia Residential Landlord and Tenant Act. The act is codified in Sections 55-248.2 through 55.248.40 of the Code of Virginia. The act covers most residential lease arrangements between landlords who own property in Virginia and their tenants, including public housing tenancies if consistent with the U.S. Department of Housing and Urban Development's federal regulations, transient tenancies for over 30 days, some manufactured home tenancies, all apartment rentals and tenants who rent single-family homes from landlords who own at least 10 homes. However, landlords with four or more single-family condominiums or single-family homes within certain cities and towns in Virginia must also comply with the Virginia Residential Landlord and Tenant Act.
Virginia Landlord and Tenant Act
Virginia landlords must supply running water, heat, air conditioning and apartments free of lead paint and mold. Landlords must provide locking doors, locking windows and peepholes for their tenants before they move in. If they fail to provide these safety devices and equipment, tenants can request immediate compliance in writing and, if their landlords fail to immediately comply, tenants may be able to terminate their leases.
Virginia Landlords' Duties
The Virginia Residential Landlord and Tenant Act requires landlords to provide tenants with necessary repairs and safe housing. The Virginia Code allows tenants to send written letters to their landlords notifying them of their needed repairs, and landlords have 30 days to make those repairs from the date they receive their notification letters. However, Virginia law may require landlords to provide their tenants with necessary services before 30 days for emergencies or situations compromising their health or safety.
Prohibited Activities
Virginia law prohibits landlords from unlawfully entering their tenants' homes repeatedly without obtaining prior consent. Absent emergencies, landlords cannot enter their tenants' units without prior consent. Similarly, tenants cannot deny their landlords with reasonable access to repair their homes. When landlords unlawfully and unreasonably enter their tenants' homes without obtaining advance permission, tenants can sue them for harassment, recover incidental damages and reasonable attorneys' fees. Furthermore, tenants may be able to terminate their rental agreements before they expire to prevent their landlords from further harassing them.
Mandatory Disclosures
Virginia law also allows tenants to terminate their leases if their landlords fail to disclose the existence of mold in their apartments and fail to remedy it. Furthermore, Virginia law requires landlords to provide a written disclosure of any known defective drywall. Tenants who later discover defective drywall can terminate their tenancies within 60 days of discovery after providing written termination notice to their landlords.
Armed Forces Terminations
Under the Virginia Residential Landlord Tenant Act, active duty military service members and qualified civilians can terminate their leases before they expire if called to active duty, deployed or transferred to another location 35 miles or further from their current residences pursuant to Section 55-248.21:1 of the Virginia Code.
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