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Early Lease Termination Laws in Virginia

In Virginia, victims of family abuse, sexual abuse, stalking or trafficking can end a lease with a protective order or criminal case documents on 28 days' notice, service members (including full time National Guard) have a state termination right, and landlords must mitigate damages.

Last checked . General information, not legal advice.

Virginia at a glance

Domestic violence victims
Yes, 28 days' notice
Requires a protective order or a conviction order, warrant, summons, information or indictment; no liquidated damages.
State military protection
Yes, broader than SCRA
Covers National Guard on full time duty or technician status, temporary duty orders over 3 months, and stop movement orders.
Landlord must re-rent
Yes, by statute
Rent claims run until the lease ends or a new tenancy starts, whichever is first.

Sources

Last checked

The rules in Virginia

Can domestic violence or sexual assault victims end a lease early in Virginia?

Yes, 28 days' notice. Domestic violence victims in Virginia: yes, 28 days' notice. Requires a protective order or a conviction order, warrant, summons, information or indictment; no liquidated damages.

Does Virginia law add early lease termination rights for service members beyond the federal SCRA?

Yes, broader than SCRA. State military protection in Virginia: yes, broader than scra. Covers National Guard on full time duty or technician status, temporary duty orders over 3 months, and stop movement orders.

Does a landlord in Virginia have to try to re-rent the unit after a tenant leaves early?

Yes, by statute. Landlord must re-rent in Virginia: yes, by statute. Rent claims run until the lease ends or a new tenancy starts, whichever is first.

Where do the Virginia early lease termination laws come from?

The rules above come from Va. Code 55.1-1236, Va. Code 55.1-1235 and Va. Code 55.1-1251. Each source is linked on this page. We last checked them in October 2026.

Good to know

Va. Code 55.1-1236 was amended in 2024 and 2025 (2024, c. 302; 2025, c. 593) and now also covers trafficking victims; 55.1-1235 was amended in 2024 and 2026.

What this means in practice

Read the lease first. Many leases contain an early termination clause, a buyout fee or a sublease option that may be easier to use than a statutory right. A statutory right usually applies even if the lease says nothing about it, and a lease generally cannot waive it.

Statutory early termination rights usually come with conditions. Common ones are written notice to the landlord, a minimum notice period, and proof such as a protective order, police report, military orders or a doctor's statement. Keep copies of everything you send and note the date and method of delivery.

If you leave without a statutory right, you may still owe rent until the unit is re-rented or the lease ends. Where a landlord has a duty to mitigate, it must make reasonable efforts to find a new tenant, and the amount you owe is reduced by rent the landlord collects or reasonably could have collected. Returning keys and documenting the condition of the unit can help limit disputes.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.