Breaking a Lease Early in Virginia: What Are My Options?

If you leave without a legal reason

1. 1

   If you leave early without a legal reason, you can owe your landlord's real losses. That can include rent until the lease ends or a new rental agreement starts, whichever comes first. Your landlord has a duty to reduce the loss. After getting possession, your landlord may not ask for accelerated rent (all the rent to the end of the lease at once).

   Source:

   1. § 55.1-1251, Code of Virginia. Law.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

2. 2

   For example, say you leave with 6 months left on your lease at $1,000 a month. Your landlord rents the home again after 2 months. The rent you owe can include about $2,000 for those 2 months. You could owe other real losses too. The rent stops when the new rental starts.

   Sources:

   1. Our editorial rules.
   2. § 55.1-1251, Code of Virginia. Law.
   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

3. 3

   Your landlord can use your deposit for unpaid rent and late charges in your lease. It can also cover damage beyond normal wear and tear (normal use over time), other lease charges, and real losses from breaking the lease. The law gives your landlord 45 days after the lease ends or you move out, whichever is later, to send you a written list. It shows what they kept and any money owed to you.

   Source:

   1. § 55.1-1226(A), Code of Virginia. Law.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

When you can leave early

4. 4

   Your landlord may seriously break the lease. Or they may break the state rental law in a way that seriously affects health and safety. Then send a written notice. It must say what is wrong and that your lease ends on a date at least 30 days after they get it. The law gives your landlord 21 days after they get your notice to fix it. If they do not fix it, your lease ends.

   Source:

   1. § 55.1-1234, Code of Virginia. Law.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

5. 5

   If your lease allows it, you and your landlord may send notices by email or another online way. You can still ask to send and get notices on paper. If you send a notice online, keep proof that it got there, such as a delivery receipt.

   Source:

   1. § 55.1-1202(A), Code of Virginia. Law.
6. 6

   You cannot end your lease over a problem that you, a person allowed to live there, or your guests caused. This covers acts done on purpose or by being careless. If your landlord fixes a problem that repairs can fix before the date in your notice, your lease does not end. If your lease ends because your landlord broke it, your landlord must return your deposit as the deposit law says.

   Source:

   1. § 55.1-1234, Code of Virginia. Law.

After you move out

7. 7

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop trying to get that money until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
8. 8

   Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

   Sources:

   1. Our editorial rules.
   2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
   Tip.

   If you get court papers, do not ignore them. Go to court, or you can lose the case.

   From Consumer Financial Protection Bureau.

Special protections

9. 9

   If you serve full time in the military or the National Guard, you can end your lease early after some orders. Examples are orders to move to a new base, orders to work somewhere else for more than 3 months, or leaving active duty.

   Source:

   1. § 55.1-1235(A), Code of Virginia. Law.
10. 10

    To end your lease for military orders, send your landlord a written notice with an end date. The date must be at least 30 days after the first day the next rent is due after you give notice. Before that date, give your landlord a copy of your orders. A signed letter from your commanding officer also works.

    Source:

    1. § 55.1-1235(B), Code of Virginia. Law.
11. 11

    You may be able to end your lease early if you are a victim of family abuse, sexual assault, stalking or trafficking. You need one of two things. One is an order from a court that keeps you safe. The other is a charge against the person, or a conviction for the crime. Either one must come while you have your lease.

    Source:

    1. § 55.1-1236(A), Code of Virginia. Law.
12. 12

    To end your lease as a victim, give your landlord a written notice. Your lease ends 28 days after you give it. If you use a court order that protects you, give the notice while the order is still in force. Also give your landlord a copy of the order, or of the court papers that charge or convict the person.

    Source:

    1. § 55.1-1236(B), Code of Virginia. Law.
13. 13

    If you end your lease as a victim, you pay rent only through the day your notice takes effect. Your landlord may not charge you a fee set in advance for leaving early.

    Source:

    1. § 55.1-1236(C), Code of Virginia. Law.