Breaking a lease in Virginia

If you are the tenant

• Tenant or landlord: Either the landlord or the tenant may end a month-to-month tenancy by serving written notice at least 30 days before the next rent due date; the tenancy ends at that rent due date.

If the landlord ends it

• An owner of a multifamily property who declines to renew 20 or more month-to-month tenancies (or 50% of them, whichever is greater) within 30 days must give each tenant at least 60 days' written notice before letting the tenancy expire (not required if the tenant failed to pay rent).

Written notice required: Yes. Termination notice must be a written notice served on the other party (Va. Code § 55.1-1253(A)).

• week-to-week, both: 7 days, ending with a rental period. Either party may end a week-to-week tenancy by written notice at least 7 days before the next rent due date.

Landlord and tenant may agree in writing to end early; if they don't, § 55.1-1251 controls: the landlord may claim rent until the lease term ends or a new tenancy begins, whichever comes first, plus actual damages, but cannot get a judgment for accelerated rent and must mitigate.

Landlord's duty to re-rent: Yes. Va. Code § 55.1-1251: rent is recoverable only until the term ends or a new tenant's tenancy starts, whichever is first, and nothing diminishes the landlord's duty to mitigate actual damages; accelerated rent judgments are barred.

Lease-break fees: No general statutory cap on early-termination fees; the lease controls, but the landlord may recover only actual damages, may not obtain accelerated rent, and must mitigate (§ 55.1-1251). No liquidated damages may be charged for military (§ 55.1-1235) or domestic-violence (§ 55.1-1236) terminations. Holdover liquidated damages are capped at 150% of per diem rent (§ 55.1-1253(C)).

• Domestic violence, sexual assault or stalking (Va. Code § 55.1-1236)

  Victims of family abuse, sexual abuse or assault, stalking, or trafficking with a protective order or criminal charge/conviction may end the lease with 28 days' written notice.

  Notice:

  28 days, in writing

  Proof:

  Copy of the protective order (issued during the lease), or a conviction order, warrant, summons, information or indictment for the qualifying crime.

  What you still owe:

  Rent is owed through the termination date (28 days after notice); no liquidated damages. Co-tenants remain liable.

• Military service (state law) (Va. Code § 55.1-1235)

  Armed Forces members and National Guard members on full-time duty or civil service technicians may end the lease on PCS orders, temporary duty over 3 months, discharge/release, orders to government quarters, or a qualifying stop-movement order.

  Proof:

  Copy of the official orders or a signed letter from the commanding officer confirming them.

  What you still owe:

  Termination is effective no sooner than 30 days after the first rent due date following notice; no liquidated damages.

• Unit unlivable or landlord fails to repair (Va. Code § 55.1-1234)

  For a material landlord breach affecting health and safety, the tenant may give notice that the lease ends in 30 days unless fixed within 21 days (or ends in 30 days if not remediable).

  Notice:

  30 days, in writing

  Proof:

  Written notice listing the breach; for a remediable breach the landlord gets 21 days to fix it.

  What you still owe:

  Rental agreement ends on the date in the notice (at least 30 days after receipt) if not fixed; security deposit returned.

• Unit unlivable or landlord fails to repair (Va. Code § 55.1-1234.1)

  If at move-in the unit has a fire hazard or serious threat to life, health or safety (e.g., rodents, no heat, water, electricity or sewage), the tenant may terminate within 7 days of the move-in date.

  Notice:

  7 days, in writing

  Proof:

  Written notice of intent to terminate within 7 days of the date possession was to transfer.

  What you still owe:

  Full refund of all deposits and rent paid.

• Unit unlivable or landlord fails to repair (Va. Code § 55.1-1240)

  If fire or casualty substantially impairs the unit or repairs require vacating, the tenant may move out and terminate by notice within 14 days (21 days from January 1, 2027).

  Notice:

  14 days, in writing

  Proof:

  Tenant vacates and within 14 days serves written notice of intent to terminate (21 days from Jan 1, 2027).

  What you still owe:

  Lease ends as of the date of vacating; rent prorated to the date of the casualty; deposits and prepaid rent returned.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• Under § 55.1-1204, a landlord owning more than four rental units in Virginia must give written notice of non-renewal at least 60 days before the end of the rental agreement term; a version effective July 1, 2027 also requires 90 days' notice of rent increases on renewal.
• Va. Code § 55.1-1240 is amended effective January 1, 2027 (tenant's fire/casualty termination notice window goes from 14 to 21 days; landlord's notice from 14 to 21 days with new pre-conditions).
• If the tenant holds over without consent, the landlord may sue for possession and actual damages; a lease may set holdover liquidated damages up to 150% of the daily rent (§ 55.1-1253(C)).

• Write a Virginia notice to vacate
• Virginia security deposit law: getting your deposit back after you move

• Va. Code § 55.1-1253 Retrieved October 13, 2026.
• Va. Code § 55.1-1251 Retrieved October 13, 2026.
• Va. Code § 55.1-1204 Retrieved October 13, 2026.
• Va. Code § 55.1-1235 Retrieved October 13, 2026.
• Va. Code § 55.1-1236 Retrieved October 13, 2026.
• Va. Code § 55.1-1234 Retrieved October 13, 2026.
• Va. Code § 55.1-1234.1 Retrieved October 13, 2026.
• Va. Code § 55.1-1240 Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.