Legitimate Reasons for a Tenant's Breaking a Lease in Virginia
The Virginia Residential Landlord and Tenant Act establishes the rights that tenants have to prematurely break or terminate their tenancies. Effective July 1, 2011, Virginia General Assembly enacted new laws and amended the existing Virginia Residential Landlord and Tenant Act. According to the act, Virginia tenants can break their leases if they did not sign written leases or are not required to pay their landlords rent.
Overview
Virginia law allows tenants at sufferance to break their leases by providing their landlords with at least 30 days of written notice. Tenants at sufferance are those without written leases or those with written month-to-month leases. Tenants can unilaterally terminate their tenancies by giving their landlords a written termination notice at least 30 days before their next rent payments are due. For written lease agreements exceeding one month, tenants cannot unilaterally terminate or break their leases without justification and without providing the 60-day termination notice.
Virginia Termination Laws
Virginia tenants can unilaterally break their leases if their landlords breach (violate) their leases, but tenants must first give their landlords at least 21 days to cure (remedy) their violations. However, when landlords engage in unlawful activity against their tenants by threatening bodily harm or by discriminating against them, tenants may be able to prematurely end their leases without giving their landlords 21 days to cure their breaches. Furthermore, tenants may be able to terminate their leases without giving their landlords more than 24 hours of notice and opportunity to cure substantial defects, such as failing to provide heat during the winter or running water.
Failure to Terminate Legally
The Virginia Residential Landlord and Tenant Act requires landlords to mitigate their damages by engaging in reasonable efforts to rent their homes to other tenants when tenants terminate their leases.
Rent Escrows
Instead of terminating their leases prematurely, tenants may be able to request assistance from the Virginia Department of Housing and Community Development or their local circuit courts to force their landlords to provide necessary repairs or to provide necessary services. Virginia tenants may be able to request rent escrows against their landlords by completing a "Tenant's Assertion and Complaint" form with their local General District Courts. After requesting a rent escrow, a tenant can pay rent with the court instead of paying his landlord until a court conducts a hearing for early termination or repairs.
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