Breaking a Lease in Virginia

Landlord's duty to mitigate (§ 55.1-1251)

• A landlord's damages after termination may include rent until the lease term ends or a new tenancy begins, whichever is first, but nothing in the section diminishes the landlord's duty to mitigate actual damages. The landlord may not seek a judgment for accelerated rent through the end of the term.

Military personnel (§ 55.1-1235)

• Members of the Armed Forces, or National Guard members on full-time duty or serving as civil service technicians, may terminate after permanent change of station orders, temporary duty orders over three months, discharge or release from active duty, orders to government quarters, or certain stop-movement orders.
• Written notice must set a termination date at least 30 days after the next rent due date, and the tenant must provide a copy of the orders or a commanding officer's letter before that date. The landlord may not charge liquidated damages.

Family abuse, sexual assault, stalking, or trafficking (§ 55.1-1236)

• A victim with a qualifying protective order, or where a qualifying conviction, warrant, or charge exists, may terminate with written notice effective 28 days after service, with a copy of the order or charging document.
• Rent is owed through the termination date. The landlord may not charge liquidated damages. Co-tenants remain responsible for the rest of the term.

Frequently asked questions

Sources

• Va. Code § 55.1-1235 (official text)
• Va. Code § 55.1-1236 (official text)
• Va. Code § 55.1-1251 (official text)