Common Lease Terms in Virginia

Lease agreements are contracts that govern the rights and responsibilities of landlords and tenants. While there are many different forms a lease agreement can take, the real estate standard in Virginia is a written lease. Tenants generally have no problem obtaining a written lease. Similarly, landlords who enter into a written lease usually include all of the terms they want to govern the relationship.
Virginia law does not stipulate exactly what must be included in a lease agreement or how it must be formatted. Rather, it is a matter of contract. In addition to the terms of the written lease, Virginia tenant laws add another layer of obligations between the parties. Both a landlord and a tenant must comply with the obligations set forth by the residential landlord and tenant act. These statutes are found in Title 55, Chapter 13 of the Virginia Code and apply to all residential leases. Failure to comply with a statute may result in a court action or even termination of the lease.
One of the most important landlord obligations is to maintain the rental property. This requirement encompasses a wide variety of areas such as:
Tenant obligations are also numerous and may overlap with landlord requirements. For example , tenants must pay rent in full and on time. In addition to paying rent, tenants must follow specific rules regarding maintenance and cleanliness of the property. Moreover, tenants must not intentionally or negligently cause any damage to the property. Tenants also lose many of their rights if they are more than five days late paying rent or otherwise breach their duties under the rental agreement.
If a tenant violates either a lease provision or landlord and tenant statutes, a landlord may obtain an eviction order. An eviction order gives a landlord the right to have a tenant removed from the premises. In order for a landlord to obtain an eviction order, he must issue a summons along with the order to the tenant. The court must determine whether the tenant received the summons before issuing the order. If so, the tenant must appear at a hearing so the court can determine whether merit exists to support the eviction order. It is essential that a summons and order be appropriate, since improper service may void the order. For this reason, it is essential to strictly comply with applicable statutes regarding service of process.

Breaking A Lease: Virginia Tenant Rights

Virginia law does provide certain legal justifications for breaking a lease. They are set out in the Virginia Residential Landlord & Tenant Act. But a tenant may have other rights at common law, depending on certain scenarios that may arise.
The Board of Housing and Community Development has suggested that when a landlord violates a tenant’s rights under the Virginia Residential Landlord & Tenant Act, the tenant may be granted either statutory or common law damages. The common law damages would be a wrongful eviction, either in the actual or constructive sense, if the landlord tried to shut off services or even changed the locks. Also, a tenant may be entitled to recover for emotional distress or other consequential damages allegedly caused by the violation of the Virginia Residential Landlord & Tenant Act.
Statutory Rights to Break a Lease
Pursuant to the Virginia Residential Tenant Act, associations, cooperatives, landlords or their agents, may not:

  • (1) Interrupt or cause interruption of "heat, air conditioning or hot water" or otherwise intentionally cause conditions that result in the tenant leaving or abandoning the premises;
  • (2) Interfere with utilities installed by the tenant; or
  • (3) "Intentionally cause conditions that will materially interfere" with the life, health, or safety of a person unlawfully in the leasehold.

A tenant who makes a written request to the landlord for repairs "needed to keep the premises in a fit and habitable condition" has certain legal protections. The statute goes on to state that if a landlord does not make the requested repairs within five days from the date of the notice or within such a shorter time as may be reasonable if it is necessary to remove or eliminate the defect, then the tenant is from that time thereafter relieved of all further obligation to pay rent under his lease until the landlord has provided a fit and habitable dwelling. Moreover, the tenant is entitled, after giving notice, to "withhold at least one month’s rent from the rent due." However, a tenant must be "reasonably diligent in having the defect remedied," and the landlord must have "failed to act in accordance with the provisions of this section within a reasonable time after receiving notice."
Also, under one other provision of the Virginia Residential Landlord & Tenant Act, a tenant may be entitled to terminate the lease for certain reasons, including "damages to the leased premises which render the residence unfit for human habitation or which materially impairs the tenant’s continued use and enjoyment of the premises." The tenant must provide the landlord with a "notice of termination", and there is a one year lease term minimum when the tenant terminates the lease for violations of the Landlord Act. The tenant is entitled to all rights and remedies provided in the statute.

Use of Military Duty to Terminate a Lease

Service in the armed forces is provided statutory protection to allow for termination of a Virginia lease. The Servicemembers Civil Relief Act, codified in Virginia at Va. Code Ann. ยงยง 54.1-1203 thru 1206 provides that military personnel on active duty may legally terminate their lease without incurring liability.
Any service member may terminate a residential rental agreement by delivering written notice to the landlord along with a copy of the military order for change of station. Army, Air Force, Navy, Marine Corps and Coast Guard receive orders assigning military members to a new duty station at least 30 days before the orders become effective. The notice must include a copy of the military order for change of permanent station and a statement that the service member intends to move out. Moreover, the lease cannot be terminated prior to the by the landlord until the 30 day period has elapsed.
Except for actions to regain possession and terminate a residential rental agreement, a civil action against a person serving on active or inactive duty stays the action and proceedings until 90 days after his or her military service has terminated.

Domestic Abuse & Breaking a Lease

Virginia landlords and tenants, through mutual agreement, can alter provisions of standard leases. For instance, in most cases a lease will list that the tenant does not have reason to break the tenancy with 30 days’ notice, unless otherwise militarily, age, or health impaired. However, on occasion a misunderstanding of legal rights can prevent a lawful lease termination. Legal protections exist for people facing abuse:
Under Virginia Law, someone who is a victim of domestic violence can terminate their residential lease.
A tenant who has been a victim of domestic violence, family abuse, sexual assault, or stalking may terminate his or her lease if:
A tenant must have a domestic violence protective order in place if he or she wants to terminate a lease based on domestic violence, family abuse, sexual assault, or stalking. Without a protective order, a tenant cannot terminate his or her lease early.
It is unclear why Virginia law states a tenant needs a protective order to exercise this right. Many states, like Florida and Texas, simply allow a tenant to provide notice that he or she is the victim of domestic violence. The Virginia legislature may need to take another look at this requirement and consider amending the law so that tenants are not further victimized. Requiring a protective order makes the process more expensive (due to filing fees), lengthy, and involves unwanted publicity. A protective order is also only as safe as a tenant makes it: A victim who notifies their landlord of a protective order could be outed to an abuser due to the mandatory disclosure requirements often in leases. Additionally, customers and neighbors sometimes find out about a protective order long before the victim wishes to disclose the information.

Housing Code Violations & Unsafe Conditions

Under Virginia law, a tenant may break the lease without penalty if the landlord violates or fails to follow the law concerning maintaining the property. Even though these laws do not require certain conditions in the rental, if your apartment tumbles down because the landlord doesn’t properly maintain the load bearing walls, you can break your lease without penalty.
The law also requires landlords to take care of certain repairs upon request by the tenant. If the landlord fails to meet the obligation to make the repairs, the tenant can give the landlord a written notice of the specific problems, which must include the date the tenant gave the notice to the landlord, or which is sent by certified mail to the landlord within 14 days of giving the notice. The tenant’s written notice can be included in a letter with any other paper works.
The housing violations that fall under Virginia law are: water leaks through the roof , windows or doors, water leaks into walls causing mold problems, mold in the bathroom caused by hot air from the stove, heat system not working, building not insulated, floors unrepaired or not even in place, windows damaged, railings or interior stairways unrepaired, defective condition of the electrical system, improper drainage of closets, bathtubs, toilets or sinks, severe insect infestation problems, defective coolers, loose and detached supports for porches, unsafe hallways or stairways and lack of proper heat, running water, electric service, garbage disposal, elevator service (in certain building) or other essential service.
If the tenant gives the landlord written notice of the housing violations, the tenant may file an action in the general district court, to obtain: Upon proving the allegations in front of a judge, the tenant may terminate the lease.

Harassment From a Landlord or Invasion of Privacy

In Virginia, as in most states, your right to quiet enjoyment is somewhat protected. Harassment by a landlord or property manager may eventually harm the tenant enough to justify breaking the lease. Any listed offense in the lease that is commingled with harassment could accumulate into some legal ground upon which a lease may be terminated. In this state, that lease may be terminated by either party.
If the tenant can show a pattern of behavior that constitutes harassment and that it has had a negative impact on your ability to occupy the property, a court might terminate the lease. A tenant doesn’t have to wait for harassment to turn into something physical before seeking a remedy. Best advice here is to document all instances of harassment, collect witness names and evince the facts as they occurred. An argument posted on Avvo.com entitled "What constitutes landlord harassment?" suggests that a landlord may not enter the premises without permission from the tenant.
Whether this means that landlords are shut out of entering the tenant’s premise in order to inspect it for compliance with the lease terms, is uncertain. It would make a landlord’s practice of home visits punitive, given the burden of proof lies with him or her once the tenant claimed that the home visits were harassment. But landlords can not receive unwarranted information about tenants from their former landlords.
In Virginia, there are three types of damages that tenants may recover from landlords; disrepair, continued failure to repair resulting in displacement, and harassment. To further protect your rights, make sure you’re: A violation of any of these things, according to Virginia law, Chapter 17, Article 2.1, Title 55, (55-248.21) is grounds for breaking the lease.

How to Break a Lease Legally

When it is time to break your lease, there are several things you must do to legally end the lease before the end of the lease term. Unfortunately, failure to follow the steps could be considered a breach of the lease agreement, and you could be forced to remain at the property until the end of the lease term.
If you are legally able to terminate your lease, you should take the following steps.
Decide on a New Place to Live Don’t wait until the last minute to find a new place to live. Look for a new home or apartment that you will love just as much – or it could be twice as hard to break your lease.
Notify the Landlord Tell your landlord that you are planning to vacate the property. Depending on the situation, you may be required to provide your landlord with a written notice. It is a good idea to send this via certified mail. Give the landlord a date when you plan to vacate the property. Keep in mind that in Virginia, some leases have a 30 day notice requirement.
Document Everything You need to keep a record of everything you and the landlord agree to. Put everything in writing and list the property address, your name and phone number, details about any issues you are concerned about (e.g., pest infestation, plumbing problems, mold, etc.), the date you sent your notice, the date by which the tenant needs to make the necessary repairs, and your new address.
Give Your Keys Back Make your landlord happy by returning the keys if you have not already done so. If you fail to return the keys, it could be considered a breach of the contract. A breach of the contract means that all the rules of the contract apply. So if you need to move out on a certain date, you better stick to that date. Otherwise, you could be held legally responsible for any costs that could come up.

The Potential Fall-Out of Breaking a Lease

In Virginia, breaking a lease without proper legal justification can expose the tenant to a host of legal and financial consequences. Tenants should be aware of these potential implications before taking any action to terminate their lease early.
The most common problem that tenants face is a financial one. When a tenant breaks a lease without proper justification, they are still responsible for paying the rent set forth in the lease. Failure to pay can result in a judgment against the tenant for the full rent amount, as well as late fees, and attorney’s fees.
A lease is a legally binding contract. That means that breaking a lease is akin to breaking any other contract, except the consequences are worse. If you break the lease of a car, you can be sued for the remaining value of the car, plus attorney’s fees. If you break the lease of an apartment, you can be sued for the value of all the remaining months, plus late fees, plus court costs , plus attorney’s fees. That holds true even if you break the lease at a time when the apartment doesn’t have a lease end date. That means the remaining rent you will owe could equal years.
It is important to realize that the landlord is not required to re-rent the property. The landlord is not required to make any effort to re-rent the property, and many don’t. The only alternative customers are often other people who are in the same situation.
So, there is no guarantee that the lease will be re-rented, and no duty for the landlord to show the property to other potential renters. Many landlords just let the vacant property remain vacant until the original lease term expires, making the smart move to simply remain in the property until the lease ends. In this way, you reduce your costs in moving. Plus, the majority of leases contain a sublease provision, which allows the tenant to sublease the property, potentially for the full term of the original lease, or until a new tenant is found.
There are times when a tenant has a compelling and legitimate reason for breaking their lease. In these cases, they should look to the advice of a skilled Virginia landlord tenant attorney.