A lease is a legally binding agreement. It obligates both a landlord and the tenant to abide by its terms for a set period of time.
That said, circumstances may change and they may need to break their lease agreement. As a landlord, it’s important that you understand the rules and regulations when it comes to a tenant breaking a lease or rental agreement.
In today’s article, you’ll get to know the unjustified and justified reasons to end a lease early in Virginia and the rights landlords and tenants have under the statewide Residential Landlord and Tenant Act.
Rental Agreement in Virginia
To begin with, having a clear lease agreement is essential for both the tenant and the landlords. This will help keep any confusion or misunderstanding to a minimum while renting. A solid lease agreement is one that includes all important lease obligations to protect the rental property, the landlord, and tenants. In regards to breaking a lease, you’ll want to do the following:
- Let your tenant know the penalty for unjustifiably breaking their lease. Also, state what rights they have for justifiably breaking their lease.
- Outline their responsibilities, after the lease is signed. This can include paying rent on time, payment of a security deposit, and taking reasonable care of the unit and property throughout the lease term.
- State how much notice your tenant is required to give to end their periodic lease agreement. State law requires tenants to provide their landlord with written notice at least 30 days prior to terminating their month-to-month agreement or at least 120 days prior for those renting month-to-month. Virginia doesn’t require tenants to provide written notice for fixed-end-date leases.
- State your responsibility as a landlord to rent the property to a new tenant. In Virginia, it is considered a landlord’s duty to make reasonable efforts to find a replacement tenant after a tenant has moved out.
Unjustified Reasons to Break a Lease in Virginia
The following reasons don’t offer Virginia tenants any legal protection against penalties for early lease termination:
- Breaking the lease to buy a house
- Breaking the lease to relocate to another town for a job or school
- Breaking the lease to either upsize or downsize their property
- Breaking the lease to move in with a significant other
- Breaking the lease to get closer to friends and family
- Inability to continue to pay rent
Breaking the lease agreement for any of the aforementioned reasons will usually be accompanied by legal and financial ramifications for the tenants. To avoid a complicated legal process the tenant must either have a legal justification for ending their lease or seek mutual termination agreement with the landlord.
Justified Reasons to Break a Lease in Virginia
As a landlord, it’s also important that you know what lease termination reasons are legally justified under Virginia state law and what criteria must be met. The reasons are as follows:
Early Lease Termination Clause
Some landlords include an early termination clause to allow a tenant to legally break their lease early. In turn, however, tenants must meet certain requirements. One of the requirements in an early termination clause is providing proper notice; usually 30 days. An advance notice helps give the landlord adequate time to re-lease the property and avoid losing out on rent.
The other requirement is the payment of an early termination fee, which is normally equivalent to two months rent. Tenants must pay this fee to help protect the landlord’s financial bottom line while they look for a replacement tenant to pay the rent. Landlords are responsible for finding a new tenant as soon as possible, but tenants must continue to pay rent until then.
Active Duty
Tenants who are active military service members and have been relocated have a right to break their lease before the end of their lease term under the Servicemembers Civil Relief Act. That said, there are a number of things that a tenant must do in accordance with the act including, but not limited to, providing proof to the landlord that they intend to remain on active duty for the next 90 days or more, and a copy of the relocation letter.
Even once they’d provided all the necessary proof to the landlord, the lease still won’t end immediately. After delivery of the written notice, it should terminate 30 days after the next rent cycle has begun. Servicemembers in Virginia include members of the armed forces, the activated National Guard, and the commissioned corps of the National Oceanic and Atmospheric Administration.
Warranty of Habitability
As a landlord in Virginia, it’s important that you keep your rental property habitable by keeping up with necessary repairs. It not only shows a tenant that you care for their well-being, but it also helps you stay legally compliant.
Landlords must keep up with property maintenance and repairs for their tenants. In Virginia, the following are some standards that a rental unit or property must meet to be deemed habitable:
- Clean and sanitary
- Has working plumbing, electrical, heating, ventilation, and air conditioning systems
- Is free of mold
- Cold and hot running water
- Adequate trash receptacles
- Properly working smoke alarms
Landlord Harassment
Landlord harassment of tenants can be cause to break a lease. Landlords know that treating a tenant fairly, equally, and respectfully is key to a successful rental relationship. Therefore, it’d be in your best interests, as a landlord, to avoid doing any of the following:
- Entering the rental unit whenever you like without advance notice
- Threatening a tenant
- Turning off utilities
- Changing the locks
- Removing their personal belongings from the unit
- Refusing to allow tenants to pay rent
Virginia Lease Agreement Violation
As previously stated, it is a landlord’s duty to provide their tenant with a habitable rental property. If you, as the landlord fail to do so, you’d be in violation of the lease and your tenant may choose to exercise any legal options available to them like breaking their lease early by serving you 30 days advance notice.
Domestic Violence
Victims of criminal assault or abuse have certain rights under Virginia law. To terminate the lease, the tenant must provide their Virginia landlord 30 days proper written notice and a copy of the protection order issued by the court.
Mandatory Disclosures
There are certain disclosures that a landlord must provide their Virginia tenant before they move into the property. They include disclosure on:
- Defective drywall
- Lead-based paint
- Prior use of the unit in the manufacture of methamphetamine
- Locations near a military air installation
Bottom Line
With this guide, landlords now have a better understanding of what to do when a Virginia tenant breaks their lease early. All landlords should also stay informed of landlord-tenant laws, Fair Housing Act, security deposit law, and the legal eviction process to avoid court proceedings. For expert advice, Keyrenter Richmond can help. We’re one of the leading property management companies helping landlords in Richmond and the surrounding areas.
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regard to this content or any other aspect of your property management needs.