Lease Breaking Laws In Virginia: Your Rights Explained

In Virginia, tenants and landlords have certain rights and responsibilities when it comes to breaking a lease. While it is a legally binding contract, there are situations where tenants can legally get out of the contract without repercussions. For instance, if a tenant enters active military service, they have a right to break the lease under federal law. In cases of domestic violence, Virginia state law also provides early termination rights for tenants. Additionally, if the rental unit is deemed unsafe or violates Virginia health or safety codes, tenants may be able to break the lease without further liability for rent. Other reasons for early termination include landlord harassment or privacy violations, and uninhabitable living conditions. It's important to note that tenants may still face financial implications, such as the loss of their security deposit, when breaking a lease without a legally valid reason.

Active military duty

Active-duty service members in Virginia who need to break a lease due to relocation or deployment are protected by federal law. This protection is provided by the Servicemembers Civil Relief Act (SCRA), which covers a wide range of financial aspects of a service member's life, including mortgages, life insurance, debt, and leases.

To break a lease under the SCRA, active-duty service members must meet certain requirements and follow specific procedures:

Requirements:

• The service member must be part of the "uniformed services," including the armed forces, the commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), the commissioned corps of the Public Health Service, and the activated National Guard.
• The lease must have been signed before entering active duty.
• The service member must remain on active duty for at least 90 days.

Procedures:

• Provide written notice to the landlord of the intent to terminate the lease early. This notice should be delivered by hand, sent by a private courier (UPS, FedEx, or DSL), or mailed with a return receipt requested. The notice period is typically 30 days in advance of the intended last day as a tenant.
• Provide the landlord with a copy of the official military orders. These orders should be provided on official letterhead and include a contact number for verification.
• Pay rent for the month in which notice is given and the following month.

It is important to note that even if all the requirements and procedures are followed, some landlords may still request verification of the orders to prevent fraudulent claims.

In addition to the protections provided by the SCRA, service members may also benefit from having a "military clause" in their lease agreement. This clause provides additional protection and allows for early termination of the lease with less hassle or notice in the event of deployment or relocation. It is worth checking for this clause in the lease agreement or requesting its addition if it is not already included.

Landlord harassment

• Entering the tenant's property without proper notice or permission: Landlords are required to give tenants at least 24 hours' notice before entering the property, except in cases of emergency or when the tenant has given prior consent.
• Changing the locks or shutting off utilities without notice: This is considered landlord harassment and is prohibited by Virginia law.
• Making threats or using physical force against the tenant: Any form of physical or verbal abuse is completely unacceptable and can be grounds for legal action.
• Making excessive or unjustified demands for rent or other payments: Landlords must follow the terms outlined in the lease agreement and cannot arbitrarily increase rent or make unreasonable demands.
• Interfering with the tenant's privacy: This includes excessively calling, visiting, or monitoring the property. Landlords should respect tenants' right to privacy and only enter the property for necessary reasons, with proper notice.
• Making disruptive or hazardous repairs or renovations: While landlords have a duty to maintain the property, they should ensure that any repairs or renovations are carried out in a timely and safe manner, minimising disruption to the tenant.

If a tenant believes they are being harassed by their landlord, they should document the incidents, inform their landlord in writing, and seek legal advice if the issue persists. Tenants have the right to live without harassment and can take legal action if their rights are violated.

Uninhabitable living conditions

Firstly, the rental property must fail to meet specific health and safety codes. These include essential services such as electrical and plumbing, heating and air conditioning, and the provision of running water. The presence of dangerous substances such as lead or mould also constitutes uninhabitable conditions.

Secondly, the tenant must notify the landlord about the issue. This notice must be in writing and should include evidence of the violation, such as photographs. The landlord then has 10-15 days to repair the problem. If the landlord fails to address the issue within a reasonable timeframe, the tenant can take further steps.

If the landlord does not make the necessary repairs, the tenant can be considered "constructively evicted". This means that the landlord, by failing to provide habitable housing, has effectively evicted the tenant, and the tenant is no longer responsible for the rent. In such cases, tenants may be entitled to a prorated refund of rent from the date of termination or the date they move out, whichever is later.

Tenants can also recover costs, prepaid rent, deposits, and similar expenses from the landlord if the rental property is condemned due to uninhabitable conditions.

It is important to note that landlords have the right to dispute the legitimacy of uninhabitable conditions. In such cases, they may file a complaint with the Virginia District Court to determine whether the unit is truly uninhabitable.

Overall, tenants facing uninhabitable living conditions in Virginia have legal protections that allow them to break their lease without penalty. However, it is essential to follow the proper procedures and provide appropriate documentation to ensure a smooth and successful lease termination.

Landlord's duty to mitigate damages

In Virginia, landlords are legally required to "mitigate damages" by making reasonable efforts to find a replacement tenant if a tenant breaks their lease. This means that landlords cannot charge tenants for the total remaining rent without first trying to find a new tenant.

Landlords must attempt to re-rent the property reasonably quickly and are permitted to subtract any costs incurred, such as advertising, from the amount owed by the original tenant. They are not, however, required to lower their rental standards or rent the unit for less than fair market value.

If a landlord is able to find a new tenant, the original tenant is only liable for the period the property was vacant. If the landlord is unable to find a replacement, the original tenant is still responsible for the rent owed before the lease expires.

Landlord privacy violations

In Virginia, the Virginia Residential Landlord and Tenant Act (VRLTA) establishes the rights and obligations of landlords and tenants. This Act includes provisions that protect tenants' privacy rights and prevent landlord privacy violations. Here is an overview of these provisions and how they apply:

Landlord Entry Rights and Notice Requirements:

• Landlords are permitted to enter a rented property for specific purposes, such as maintenance, repairs, emergencies, or to show the property to prospective buyers or tenants.
• Landlords are generally required to provide tenants with advance notice before entering the property, typically a 24-hour notice.
• In cases of emergency, such as a sudden plumbing issue or electrical failure, landlords can enter the property without prior notice to address the immediate risk to the property or occupants' health and safety.
• Landlords should respect tenants' right to privacy and provide adequate notice to prevent any intrusion on tenants' quiet enjoyment of the property.

Tenant Privacy Rights:

• Tenants have a right to privacy and quiet enjoyment of their rented property.
• Landlords should not abuse their entry rights or use them to harass tenants. Repeated violations of tenants' privacy rights may be considered landlord harassment.
• Tenants can take legal action or terminate the lease early if landlords repeatedly violate their privacy rights.

Security Deposits and Inspections:

• Landlords are required to conduct a move-in inspection with tenants within five days of occupancy and provide a written report of any existing damages.
• Tenants have the right to be present during the move-in inspection and can also perform their own inspection and submit a written report to the landlord.
• Landlords must disclose any visible evidence of mold during the move-in inspection and are responsible for mold remediation if requested by the tenant.
• Landlords must return security deposits within 45 days of lease termination, minus any justified deductions for repairs or unpaid rent.

Tenant Protection Against Retaliation:

• Landlords are prohibited from retaliating against tenants who exercise their legal rights, such as reporting code violations or health and safety concerns.
• Retaliatory actions by landlords may include rent increases, reduction of essential services, or threats of eviction.
• Tenants who face retaliation can seek legal recourse and may be entitled to damages and attorney fees.

Resources for Tenant Assistance:

• Tenants can seek assistance from legal aid organizations, tenant advocacy groups, and local consumer affairs agencies for guidance and support in resolving disputes with landlords.
• The Virginia Fair Housing Office handles complaints related to housing discrimination based on race, religion, sex, nationality, disability, or familial status.

Frequently asked questions