Virginia early lease termination for victims: what 55.1-1236 says a landlord must do
Under Va. Code 55.1-1236, a Virginia tenant who is a victim of family abuse, sexual abuse or other criminal sexual assault, stalking or trafficking can end a lease with written notice effective 28 days after service, together with a protective order or a conviction order, warrant, summons, information or indictment. Rent is due through the effective date, and the landlord may not charge liquidated damages.
Who qualifies under 55.1-1236?
A tenant who is a victim of family abuse (as defined in 16.1-228), sexual abuse (18.2-67.10) or other criminal sexual assault under Article 7 of Chapter 4 of Title 18.2, stalking in violation of 18.2-60.3, or trafficking under Article 3 of Chapter 8 of Title 18.2. Each path then needs a court or criminal-process record from the right time, which is the real test.
Which records open the door?
- A protective order under 16.1-253.1 or 16.1-279.1 obtained during the term of an active and current rental agreement, with notice given during the order or any extension.
- A preliminary protective order under 19.2-152.9 or a permanent protective order under 19.2-152.10 obtained during the term of an active and current rental agreement, with notice given during the order or any extension.
- A conviction order against a perpetrator, or a warrant, summons, information or indictment charging a crime listed in the section against the victim, during the term of an active and current rental agreement, with notice given under subsection B.
For the third path, a victim may use the right to end a rental agreement in effect when the conviction order is entered and one later rental agreement based on the same conviction.
Notice, rent and fees
The tenant serves written notice, effective 28 days after the tenant serves it, and gives you a copy of the protective order, or of the conviction order, warrant, summons, information or indictment. Rent is payable when the lease would otherwise require it, through the effective date. You may not charge liquidated damages.
Example a made-up tenant in Richmond pays $1,450 a month due on the 1st. Notice is served on the 3rd, so the end date is the 31st of that month, 28 days later. Rent for that month is due as the lease says, and nothing further is owed. A $500 liquidated damages clause in the lease cannot be collected.
Subsection E keeps the victim's duties as a tenant under 55.1-1227 running through the effective date.
The timing trap landlords and tenants both miss
Virginia ties the right to the dates on the records. For a protective order, the order must have been obtained during the term of an active and current rental agreement, and the notice must go out while the order, or an extension of it, is in force. For a charge or conviction, the record must also fall during the term of an active and current rental agreement. A tenant who waits until the order has expired, or whose record predates the lease, may not meet the text.
When a notice arrives, check three dates against each other: the lease term, the date on the order or charge, and the date the notice was served. Write them down in the file. If they line up, accept it, count 28 days from service, and confirm the end date back to the tenant in writing. If they do not, tell the tenant in writing which date is the problem, so the tenant can get a new record or talk to a legal aid group. Do not guess, and do not charge a fee for the exit in either case.
Co-tenants and the perpetrator
Any co-tenants on the lease with the victim stay responsible for the rent for the balance of the term. If the perpetrator is the remaining sole tenant on the lease, you may terminate the rental agreement and collect actual damages against the perpetrator under 55.1-1251. The text I read does not address lock changes or confidentiality, so check the rest of the Act and your local practice before you change locks or share the records, and keep the papers private in the meantime.
How DoorKeeping fits in Virginia
DoorKeeping keeps the written notice, the proof the tenant gave and your reply together in the Virginia tenant's file, with dates. A reminder can mark the 28th day after service of the notice. Any rent, deposit or lock decision waits for your one-tap approval. This is general information, not legal advice. Check the current statute and your lease before you act.
Sources
Questions
- How many days of notice does a Virginia victim give?
- Written notice effective 28 days after the tenant serves it (55.1-1236(B)).
- Can I charge liquidated damages in Virginia?
- No. Subsection D says the landlord may not charge any liquidated damages.
- Do co-tenants leave too?
- No. Co-tenants stay responsible for the rent for the balance of the term.