General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A service member who receives orders for a permanent change of station, deployment or release from active duty can end the lease with written notice and a copy of the orders.
- A victim of family abuse, sexual assault, stalking or trafficking with a qualifying protective order or criminal charge or conviction can end the lease by written notice; it ends 28 days after notice, and no liquidated damages may be charged.
- When a tenant leaves early, the landlord must make reasonable efforts to re-rent and can recover only the loss that remains.
- Either side ends a month to month tenancy with written notice at least 30 days before the next rent due date, and a week to week tenancy with at least 7 days.
- If a material problem affecting health and safety is not fixed after written notice, the tenant may have remedies including rent escrow or ending the lease.
Virginia lets tenants end a lease early for military service and for family abuse, sexual assault, stalking or trafficking when they have qualifying court documents. A landlord whose tenant leaves early must try to limit the loss by re-renting.
Virginia breaking a lease at a glance
| Rule | Virginia | Law |
|---|---|---|
| Military service | A service member who receives orders for a permanent change of station, deployment or release from active duty can end the lease with written notice and a copy of the orders. | Virginia Residential Landlord and Tenant Act and Servicemembers Civil Relief Act (50 U.S.C. 3955) |
| Domestic violence survivors | A victim of family abuse, sexual assault, stalking or trafficking with a qualifying protective order or criminal charge or conviction can end the lease by written notice; it ends 28 days after notice, and no liquidated damages may be charged. | Va. Code 55.1-1236 |
| Unlivable conditions | If a material problem affecting health and safety is not fixed after written notice, the tenant may have remedies including rent escrow or ending the lease. | Virginia Residential Landlord and Tenant Act |
| Landlord duty to re-rent | When a tenant leaves early, the landlord must make reasonable efforts to re-rent and can recover only the loss that remains. | Virginia Residential Landlord and Tenant Act |
| Month-to-month notice | Either side ends a month to month tenancy with written notice at least 30 days before the next rent due date, and a week to week tenancy with at least 7 days. | Va. Code 55.1-1253(A) |
Reasons that allow an early exit
A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.
Military service. A service member who receives orders for a permanent change of station, deployment or release from active duty can end the lease with written notice and a copy of the orders. (Virginia Residential Landlord and Tenant Act and Servicemembers Civil Relief Act (50 U.S.C. 3955))
Domestic violence survivors. A victim of family abuse, sexual assault, stalking or trafficking with a qualifying protective order or criminal charge or conviction can end the lease by written notice; it ends 28 days after notice, and no liquidated damages may be charged. (Va. Code 55.1-1236)
Other protected reasons. An owner of multifamily housing who declines to renew 20 or more month to month tenancies, or half of them, within 30 days must give each affected tenant at least 60 days of notice. (Va. Code 55.1-1253(B))
Unlivable conditions
Unlivable conditions. If a material problem affecting health and safety is not fixed after written notice, the tenant may have remedies including rent escrow or ending the lease. (Virginia Residential Landlord and Tenant Act)
What the tenant may still owe
Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.
Landlord duty to re-rent. When a tenant leaves early, the landlord must make reasonable efforts to re-rent and can recover only the loss that remains. (Virginia Residential Landlord and Tenant Act)
Month-to-month tenancies
Month-to-month notice. Either side ends a month to month tenancy with written notice at least 30 days before the next rent due date, and a week to week tenancy with at least 7 days. (Va. Code 55.1-1253(A))
Mistakes to avoid
- Billing the tenant for every remaining month without trying to re-rent the unit.
- Ignoring a protected early termination notice because it is inconvenient.
- Agreeing to an early exit by phone without a written agreement.
- Keeping more of the deposit than the lawful deductions.
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General information, not legal advice.
Verify current law
We last checked these Virginia rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Virginia attorney about your situation.
Laws named on this page
- Virginia Residential Landlord and Tenant Act and Servicemembers Civil Relief Act (50 U.S.C. 3955)
- Va. Code 55.1-1236
- Virginia Residential Landlord and Tenant Act
- Va. Code 55.1-1253(A)
- Va. Code 55.1-1253(B)
Official sources
Virginia forms for this topic
Letters and checklists for this topic
The parts people misread.
Can a service member break a lease in Virginia?
A service member who receives orders for a permanent change of station, deployment or release from active duty can end the lease with written notice and a copy of the orders. Source: Virginia Residential Landlord and Tenant Act and Servicemembers Civil Relief Act (50 U.S.C. 3955).
Can a survivor of abuse end a lease early in Virginia?
A victim of family abuse, sexual assault, stalking or trafficking with a qualifying protective order or criminal charge or conviction can end the lease by written notice; it ends 28 days after notice, and no liquidated damages may be charged. Source: Va. Code 55.1-1236.
Does a Virginia landlord have to re-rent the unit?
When a tenant leaves early, the landlord must make reasonable efforts to re-rent and can recover only the loss that remains. Source: Virginia Residential Landlord and Tenant Act.
How much notice ends a month-to-month tenancy in Virginia?
Either side ends a month to month tenancy with written notice at least 30 days before the next rent due date, and a week to week tenancy with at least 7 days. Source: Va. Code 55.1-1253(A).