Breaking a lease in Virginia

You and the tenant may agree in writing to end a lease early. Without that agreement, a tenant who leaves early owes actual damages, which may include rent until the term ends or a new tenancy begins, whichever comes first; you must try to re-rent, and you may not get a judgment for accelerated rent for the rest of the term (Va. Code § 55.1-1253(A); Va. Code § 55.1-1251).

• The state military termination rule covers Armed Forces members and National Guard members serving on full-time duty or as civil service technicians. Qualifying grounds include permanent change of station, temporary duty longer than three months, discharge or release from the specified service, and government quarters that cause loss of the quarters allowance. A qualifying emergency stop-movement order must be indefinite or last at least 30 days and prevent residential use of the leased home. No liquidated damages may be charged (Va. Code § 55.1-1235).
• A qualifying victim of family abuse, sexual abuse or assault, stalking or trafficking may end the lease obligations effective 28 days after serving written notice, using the protective-order or criminal-document routes below. Rent remains payable through that date, no liquidated damages may be charged, and co-tenants remain liable (Va. Code § 55.1-1236).
• If you do not tell the tenant of a single-family rental within five business days after you receive a lender's notice of default, acceleration or foreclosure sale, the tenant may end the lease on five business days' written notice (Va. Code § 55.1-1237).
• If the sole tenant dies, the lease is deemed ended on the date of death without a court order, and the estate owes actual damages that you must mitigate (Va. Code § 55.1-1256(C)).
• If you willfully fail to deliver possession, rent stops until you do and the tenant may end the lease on five days' written notice (Va. Code § 55.1-1238).
• Military notice must state an effective date at least 30 days after the first rent-payment due date following delivery. Before that termination date, provide either the official orders notification or a signed letter from the commanding officer confirming the orders. The statute preserves the tenant duties it references in section 55.1-1227 (Va. Code section 55.1-1235(B)-(D)).
• The victim protective-order route covers orders under sections 16.1-253.1 or 16.1-279.1, or preliminary or permanent orders under sections 19.2-152.9 or 19.2-152.10. The order must be obtained during an active, current rental agreement, and termination notice must be given while that order or an extension is in effect (Va. Code section 55.1-1236(A)(1)-(2)).
• The criminal-document route includes a conviction order or a warrant, summons, information or indictment charging a listed crime against the victim during an active, current rental agreement. A conviction can support termination of the agreement in effect when the conviction order is entered and one subsequent agreement. Serve the written notice and provide a copy of the qualifying order or criminal document (Va. Code section 55.1-1236(A)(3), (B)).
• The victim's tenant duties continue through the effective termination date, and co-tenants remain responsible for rent for the balance of the term. If the perpetrator becomes the sole tenant still obligated, the landlord may terminate that remaining tenancy and pursue actual damages under section 55.1-1251 (Va. Code section 55.1-1236(C)-(E)).

If the tenant gives written notice of a material noncompliance or of a condition that threatens life, health or safety (such as rodents or no heat, water, light, electricity or sewage disposal) and you do not take reasonable steps to fix it within 14 days, the tenant may hire a licensed contractor or licensed pest control business and deduct the actual cost from rent, up to one month's rent or $1,500, whichever is greater, after giving you an itemized statement with receipts (Va. Code § 55.1-1244.1(B), (C)).

• The repair remedy is not available for a condition the tenant, an occupant or a guest caused, when you were denied access, or when you already fixed it (Va. Code § 55.1-1244.1(E)).
• For a material noncompliance affecting health and safety, the tenant may give written notice that the lease ends at least 30 days after you receive it unless you fix the breach within 21 days, and may recover damages and attorney fees unless you prove you acted reasonably (Va. Code § 55.1-1234).
• The tenant may file a tenant's assertion in general district court and pay rent into court within five days of each due date; a delay of more than 30 days after your notice is presumed unreasonable. A new version of this section takes effect January 1, 2027 (Va. Code § 55.1-1244(A), (B); Va. Code § 55.1-1244 (effective January 1, 2027)).
• If you willfully or negligently fail to supply an essential service, the tenant may, after written notice and a reasonable time, recover the lost rental value or get substitute housing with rent excused (Va. Code § 55.1-1239).
• If a serious hazard exists when the tenancy begins, the tenant may end the lease by written notice within seven days of the date possession was to transfer and get all deposits and rent back within 15 business days, unless you object in writing within 15 business days (Va. Code § 55.1-1234.1).
• In a case for unpaid rent, the tenant may defend on the ground of a serious hazard you failed to fix (Va. Code § 55.1-1241).

Virginia's residential act sets no default rule on whether a tenant may sublet or assign, so the lease controls. If your lease lets you approve or disapprove a sublessee or assignee, you must decide within 10 business days after receiving the applicant's written application on a form you provide; failing to act in time is evidence that you approved (Va. Code § 55.1-1204(G)).

• The act calls a transfer of all of the tenant's interests under the rental agreement an assignment, and a transfer of some but not all of them a sublease (Va. Code § 55.1-1200).
• A lease clause that the tenant will not assign without leave means the tenant may not assign, transfer or set over the premises, or any part of them, during the term without your written consent (Va. Code § 55.1-1603).
• If the tenant has an assignee or sublessee, you may hold a security deposit from only one of them (Va. Code § 55.1-1226(H)).

Either side may end a month-to-month tenancy with written notice served at least 30 days before the next rent due date, unless the lease sets a different notice period. A week-to-week tenancy needs seven days' notice before the next rent due date (Va. Code § 55.1-1253(A)).

• An owner of a multifamily property who, within any 30-day period, does not renew at least 20 month-to-month tenancies or at least half of them in that property, whichever number is greater, must give each of those tenants at least 60 days' written notice, except a tenant who has not paid rent (Va. Code § 55.1-1253(B)).
• If you own more than four units, a notice that you will not renew a lease term is due at least 60 days before the term ends (Va. Code § 55.1-1204(K)).
• A tenant who stays without consent after the tenancy ends owes actual damages, attorney fees and costs unless staying was reasonable, and the lease may set liquidated damages of up to 150 percent of the daily rent for each day of holding over (Va. Code § 55.1-1253(C)).
• If you do not offer a written lease, the tenancy runs 12 months by law and does not renew automatically (Va. Code § 55.1-1204(C)).
• You may not end a tenancy to retaliate against a tenant for protected activity (Va. Code § 55.1-1258).See Retaliation on the Virginia page

Within 45 days after the tenancy ends or the tenant vacates, whichever is later, give the tenant a written notice itemizing the deposit and every deduction, together with any amount due. You may deduct only accrued rent and late charges the lease specifies, damage from the tenant's breach of the tenant duties less reasonable wear and tear, other charges the lease provides for, and actual damages for breach of the lease (Va. Code § 55.1-1226(A)).

• When you ask the tenant to vacate, or within five days after you receive the tenant's notice of intent to vacate, tell the tenant in writing of the right to be present at the move-out inspection. If the tenant asks in writing to attend, the inspection must be made within 72 hours of delivery of possession (Va. Code § 55.1-1226(G)).
• If damage exceeds the deposit and needs a third-party contractor, say so in writing within the 45 days and you get 15 more days to itemize the damage and repair cost (Va. Code § 55.1-1226(E)).
• Deductions you make during the tenancy must be itemized to the tenant in writing within 30 days of deciding on them, except deductions made less than 30 days before the lease ends (Va. Code § 55.1-1226(E)).
• You may hold back a reasonable part of the deposit for the tenant's unpaid water, sewer or other utility bill owed to a third-party provider, but only if you told the tenant of this right in the termination notice, in a notice confirming the move-out date, or in a separate notice at least 15 days before the accounting. After the bill is paid, confirm it in writing and pay any balance within 10 days (Va. Code § 55.1-1226(C)).
• With more than one tenant, unless each agrees otherwise in writing, refund with one check payable to all of them, sent to a forwarding address one of them gives. Without a forwarding address you may hold the deposit in escrow and, one year after the 45 days end, send it to the State Treasurer as unclaimed property (Va. Code § 55.1-1226(B)).
• If you willfully fail to comply, the court orders the deposit returned with actual damages and reasonable attorney fees, unless the tenant owes rent, in which case the deposit is credited against the rent (Va. Code § 55.1-1226(E)).
• Keep itemized records of deposit deductions for two years and let the tenant or the tenant's agent inspect them during normal business hours (Va. Code § 55.1-1226(F)).
• Whoever holds the landlord's interest when the tenancy ends must return any deposit owed, whether or not it was transferred, and a selling owner must transfer deposits to the buyer at the sale (Va. Code § 55.1-1226(E); Va. Code § 55.1-1213).
• You may do the accounting early and charge an administrative fee for it only if the lease provides for it and the tenant asks in a separate written document (Va. Code § 55.1-1226(D)).