If you are on active duty or a civilian employee in the military, you may be eligible for early termination A lease is a legally binding agreement that sets out the rights and obligations of both the landlord and tenant. In Virginia, the deal can be short-term or long-term. A tenant who breaks a lease for legally unjustified reasons could face a number of implications. Some include: Virginia law requires landlords to disclose documents, policies, or specific information about units to tenants before moving in. Some disclosure laws impose heavy fines or legal consequences on landlords if they are not complied with. Others include penal provisions that may allow you to break your lease. If your landlord doesn`t provide you with mandatory state or region disclosure, talk to a landlord-tenant attorney in Virginia to determine what can be done. Some common reasons why tenants break a lease include: the lease under section 55-248.21.1 of the Act. This section deals with early termination by individuals who are ordered to travel at least 35 miles from their current address and covers persons leaving active duty.
It is strongly recommended that you read the entire section carefully to determine the conditions that must be met for early termination of the lease. If you have been a victim of domestic violence, you can terminate the lease prematurely without further obligations. Just make sure that all the specified conditions are met. For example, obtaining a protection order. (§ 55-225.16). If your landlord tries to change the terms of the agreement or doesn`t follow their rules, this could be sufficient justification for you to terminate the lease. Unless otherwise restricted in the terms of the lease, landlords may increase the rental fee by any amount at the end of the rental period. There is no upper limit on the amount of the climb. You should contact your landlord before the lease expires to determine if there will be an increase and, if so, how much. Landlords must notify in good time before the end of the tenancy if the rent will increase. 2.
A court has issued an order convicting a perpetrator of a crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Title 18.2 Chapter 4, sexual abuse within the meaning of § 18.2-67.10 or family abuse within the meaning of § 16.1-228 against the victim, and the victim terminates in writing in accordance with paragraph B. A victim may exercise a right of termination under this section to terminate a lease in force at the time the conviction is issued and a subsequent lease on the same conviction. Are you a soldier and have you been deployed? If this is the case, you can break the lease without any further obligations under the lease through the Civil Relief Act (CASS). The State of Virginia requires rental properties to meet certain habitable standards. If your landlord does not respect them, you can break the lease without any other obligation. The Virginia Residential Landlord and Tenant Act(Act), sections 55-248.2 to 55-248.40 of the Virginia Code, establishes the rights and obligations of landlords and tenants in the Commonwealth. Please read section 55-248.5 to determine if the law applies to your rental agreement. Only the courts can enforce the rights and obligations set out in the law.
The organizations listed at the end of this document may provide additional information on the legislation. However, different cities and counties in Virginia have their own landlord-tenant commission or similar office. Please contact these offices directly for more information that may be specific to your area. Many tenants who sign a lease usually intend to stay for the duration. However, this is not always the case. Sometimes tenants have to move before the rental period expires. Yes. Your landlord is not obliged to extend the term of the rental agreement. While some leases provide for monthly leases after the original lease expires, landlords are not required by law to offer such terms or extend the term of the lease. The landlord can take legal action to evict the tenant. Section 55-248.20 of the Act deals with this issue.
Even without a legally justified reason to break a lease, a landlord must make reasonable efforts to find a replacement tenant. (§ 55.1-1251 (2020). If the landlord finds another tenant, you are only responsible for paying the rent for the period the property was vacant. This can help you save a considerable amount of money. To terminate the lease, you need to do three important things: If you have specific questions, please consider hiring the services of an experienced lawyer. Alternatively, you can also seek advice from a qualified property management company such as Rent Easy. In Virginia, landlords are required to disclose important information to their tenants before signing the lease. For example, the presence of defective drywall, if the unit was used to produce methamphetamine and if the property is located next to a military air system. You must refer to the terms of your lease.
In most cases, roommates are considered “common tenants.” All parties named in the rental agreement are responsible for the rent. Check with your landlord to see if you can arrange for another party to take your place in the lease. Before signing a lease, it`s always a good idea to have a written understanding between the roommates, defining individual responsibilities and expectations. You should carefully review your lease to determine if there is an early termination clause. If there is one, you must follow the terms of the clause regarding prior notification of the owner. If your lease does not provide for early termination, discuss your concerns with your landlord. You should consider arranging a subletting or exchange that is acceptable to both parties. Leaving the property does not solve the problem and may result in additional costs or legal problems.
As for their responsibilities, after signing the lease, a tenant is required to comply with all the conditions. Some terms are: A. Any member of the United States Armed Forces or a member of the National Guard serving full-time or as an officer in the National Guard may, in accordance with the procedure described in Subsection B, terminate their lease if the member (i) has received a permanent change in station orders to travel 35 miles or more (radius) from the location of the housing unit, (ii) has received temporary duty orders of more than three months, to leave 35 miles or more (radius) of the location of the housing unit, (iii) to be released or discharged from active service in the United States Armed Forces or from full-time service or technician status with the National Guard, or (iv) is ordered to report to government-provided wards, resulting in the loss of the basic ward allowance. Nowadays, some leases contain specific conditions that allow tenants to break the lease earlier for a reasonable penalty fee. Usually, the fee is usually the rent for a month. C. Rent is payable at the time that would otherwise have been required under the terms of the lease until the effective date of termination in accordance with Subdivision B. .