Breaking a Lease in Virginia
Virginia rules on breaking a lease for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes. A tenant who is a victim of family abuse, sexual abuse or criminal sexual assault, stalking, or human trafficking may terminate if, during the current lease, the victim obtained a qualifying protective order (and gives notice while it is in effect), or a perpetrator was convicted or… Va. Code § 55.1-1236
The rules in Virginia
| Ending a lease: domestic violence | Yes. A tenant who is a victim of family abuse, sexual abuse or criminal sexual assault, stalking, or human trafficking may terminate if, during the current lease, the victim obtained a qualifying protective order (and gives notice while it is in effect), or a perpetrator was convicted or charged (warrant, summons, information or indictment) for such a crime against the victim. The tenant serves written notice of termination effective 28 days after service, with a copy of the order or charging/conviction document. Rent is owed through the effective date; no liquidated damages. Co-tenants remain liable; if the perpetrator is the remaining sole tenant, the landlord may terminate and pursue the perpetrator for damages. Trafficking victims added by 2025, c. 593. A conviction order supports termination of the current lease and one later lease. Source: Va. Code § 55.1-1236 |
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| Ending a lease: military, medical, death | Military: members of the U.S. Armed Forces or National Guard on full-time duty (or NG civil service technicians) may terminate upon permanent change of station orders, temporary duty orders over 3 months, discharge/release, orders to government quarters, or a stop-movement order of 30+ days preventing occupancy. Written notice effective no sooner than 30 days after the next rent due date, with a copy of orders or a commanding officer's letter before the termination date; no liquidated damages. Tenant death: a lease with a sole tenant still residing is deemed terminated on the date of death; the estate remains liable for actual damages subject to mitigation. § 55.1-1235 amended 2026, cc. 82, 83. No medical/senior termination statute found. |
Related questions
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
Virginia vs. neighboring states
| State | Ending a lease: domestic violence | Ending a lease: military, medical, death |
|---|---|---|
| Virginia | Yes. A tenant who is a victim of family abuse, sexual abuse or criminal sexual assault, stalking, or human trafficking may terminate if, during the current lease, the victim obtained a qualifying protective order (and gives notice while it is in effect), or a perpetrator was convicted or charged (warrant, summons, information or indictment) for such a crime against the victim. The tenant serves written notice of termination effective 28 days after service, with a copy of the order or charging/conviction document. Rent is owed through the effective date; no liquidated damages. Co-tenants remain liable; if the perpetrator is the remaining sole tenant, the landlord may terminate and pursue the perpetrator for damages. Va. Code § 55.1-1236 | Military: members of the U.S. Armed Forces or National Guard on full-time duty (or NG civil service technicians) may terminate upon permanent change of station orders, temporary duty orders over 3 months, discharge/release, orders to government quarters, or a stop-movement order of 30+ days preventing occupancy. Written notice effective no sooner than 30 days after the next rent due date, with a copy of orders or a commanding officer's letter before the termination date; no liquidated damages. Tenant death: a lease with a sole tenant still residing is deemed terminated on the date of death; the estate remains liable for actual damages subject to mitigation. Va. Code § 55.1-1235; § 55.1-1256(C) |
| Kentucky | Statewide (leases created or renewed on/after June 29, 2017). A tenant protected by a domestic violence order (KRS 403.740) or interpersonal protective order (KRS 456.060) may terminate by giving the landlord written notice of termination effective on a stated date at least 30 days after the landlord receives it, with a copy of the order. If the order was obtained before signing the lease, the tenant must also show a safety concern arising after the lease was signed. The tenant owes rent prorated to the termination date, is not liable for other rent or fees due solely to early termination, may not receive a negative credit entry or reference for it, and owes no damages if terminating 14+ days before occupancy. The restrained person is liable to the landlord for the landlord's economic losses. Protected tenants may also rekey or replace locks at their own expense after informing the landlord. KRS 383.300 | No Kentucky statute was found in KRS Chapter 383 giving early-termination rights for medical reasons, seniors moving to care, military service (beyond federal SCRA), or tenant death. KRS Chapter 383 (section list checked) |
| Maryland | A tenant who is, or whose legal occupant is, a 'victim of abuse' may end future lease liability with written notice of intent to vacate, sent by first-class mail or hand delivery, stating the victim status. The notice must include one of these: a protective order, a peace order based on abuse, or a qualified third party's report signed within the past 60 days with the alleged abuser's name and description redacted. The tenant has 30 days to move out and owes rent only from the notice date until move-out, up to 30 days. A tenant who leaves sooner must send a signed, notarized notice of vacating by first-class mail or hand delivery; the landlord must then inspect and confirm the rent owed or refund due. If the tenant has not left within 30 days, the landlord may treat them as a holdover or treat the notice as withdrawn. The abuser's liability does not end. Md. Code, Real Prop. §§ 8-5A-02, 8-5A-03 | Military: an active service member, or the member's spouse, who receives a change of assignment owes no more than rent then due plus 30 days' rent after giving written notice and proof, plus repair costs for damage. A change of assignment includes PCS orders, temporary duty over 90 days, orders to move on base, and release from active duty. Medical: a tenant owes no more than 2 months' rent after moving out if, before vacating, they give written notice with a move-out date and a certification from a Maryland-licensed physician or psychologist, on letterhead or a prescription form. The certification must state that a medical condition restricts mobility, requires a move for a higher level of care, or is a mental disorder making continued residence unfeasible. The medical rule does not apply if the lease already has an early-termination clause requiring 1 month's notice or less and charging 2 months' rent or less. Md. Code, Real Prop. §§ 8-212.1, 8-212.2 |
| North Carolina | A 'protected tenant' (victim of domestic violence, sexual assault, or stalking) may end the lease with written notice effective at least 30 days after the landlord receives it. The notice must include one of: a non-ex parte protective order under chapter 50B or 50C, a criminal no-contact order, or an Address Confidentiality Program card. DV and sexual assault victims must also include a safety plan dated during the tenancy, from a qualifying DV or sexual assault program, that recommends relocation. The tenant owes rent prorated to the termination date and no other rent or fees for ending early. Ending the lease 14+ days before move-in means no damages or penalties. Remaining tenants stay bound, and an abuser excluded by court order stays liable. This right cannot be waived. N.C. Gen. Stat. § 42-45.1 | Military: a servicemember with permanent change of station orders 50+ miles away, or who is prematurely or involuntarily discharged or released from active duty, may end the lease with written notice effective at least 30 days after receipt. Deployment of 90+ days is also covered, effective the sooner of 30 days after the next rent due date or 45 days after notice. The notice must include the orders or a commanding officer's verification. If the member dies on active duty, an immediate family member or estate representative may end the lease. Liquidated damages are allowed only if under 9 months of the tenancy have been completed: up to one month's rent if under 6 months, or half a month's rent if 6-9 months. Foreclosure: a tenant in a property with fewer than 15 units being sold in foreclosure may end the lease effective 10-90 days after the sale date. No state-law right for medical reasons, disability, or seniors was found. On a tenant's death, the landlord may use an affidavit process to remove a sole occupant's belongings (§ 42-36.3). N.C. Gen. Stat. §§ 42-45, 42-45.2, 42-36.3 |
| Tennessee | Statewide, for leases entered or renewed on or after July 1, 2021: a tenant who is, or whose household member is, a domestic abuse, sexual assault or stalking victim may end the lease without liability for future rent or early termination fees by giving the landlord written notice requesting release, a mutually agreed release date within 30 days of the notice, and either a valid order of protection (issued/extended after a hearing finding victim status) or documentation of a criminal charge based on a police report; documentation must be dated within 60 days before the notice. The tenant must vacate within 30 days (or as agreed) and owes rent for the full month in which the tenancy ends plus prior obligations. The landlord may not reveal the tenant's identifying/location information without written consent. Separately, where domestic abuse is the basis for termination, only the perpetrator may be evicted once the victim has a qualifying order of protection. T.C.A. 66-7-112; 66-7-109(e) | Disability: a person who is permanently and totally disabled (as defined in 71-4-1102) may terminate the lease of a primary residence without penalty or further rent after moving out if accepted as a resident of a public housing facility, by presenting written evidence of acceptance; the landlord must acknowledge in writing. Does not apply if the landlord made significant accessibility modifications to the unit. T.C.A. 66-7-110 |
| West Virginia | Not verified yet | Not verified yet |
| District of Columbia | A tenant who is a victim of an intrafamily offense (or parent/guardian of a minor victim) is released from the lease by giving written notice plus either a civil protection order or documentation signed by a qualified third party (police officer, DCHA police officer, health professional, or domestic violence counselor) showing the offense was reported. The request must be made within 90 days of the reported incident. Release takes effect 14 days after the landlord receives the notice and documentation (or earlier if the unit is re-rented); the tenant owes only prorated rent to that date, despite any lease penalty, plus any rent already past due. Victims may also require the landlord to change the locks within 5 business days (tenant reimburses cost). D.C. Code §§ 42-3505.07, 42-3505.08 | Not verified yet |
City rules that may add to state law
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Breaking a Lease in Virginia FAQ
Can a domestic violence survivor break a lease in Virginia?
Yes. A tenant who is a victim of family abuse, sexual abuse or criminal sexual assault, stalking, or human trafficking may terminate if, during the current lease, the victim obtained a qualifying protective order (and gives notice while it is in effect), or a perpetrator was convicted or charged (warrant, summons, information or indictment) for such a crime against the victim. The tenant serves written notice of termination effective 28 days after service, with a copy of the order or charging/conviction document. Rent is owed through the effective date; no liquidated damages. Co-tenants remain liable; if the perpetrator is the remaining sole tenant, the landlord may terminate and pursue the perpetrator for damages. (Va. Code § 55.1-1236)
When can a tenant break a lease without penalty in Virginia?
Military: members of the U.S. Armed Forces or National Guard on full-time duty (or NG civil service technicians) may terminate upon permanent change of station orders, temporary duty orders over 3 months, discharge/release, orders to government quarters, or a stop-movement order of 30+ days preventing occupancy. Written notice effective no sooner than 30 days after the next rent due date, with a copy of orders or a commanding officer's letter before the termination date; no liquidated damages. Tenant death: a lease with a sole tenant still residing is deemed terminated on the date of death; the estate remains liable for actual damages subject to mitigation. (Va. Code § 55.1-1235; § 55.1-1256(C))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.