Virginia military lease termination: five triggers, a rent-date clock, and no liquidated damages
Section 55.1-1235 of the Code of Virginia lets a member of the armed forces, or a National Guard member on full-time duty or a civil service technician, end a rental agreement after PCS orders, long temporary duty orders, discharge, an order into government quarters or a stop movement order. The date is not less than 30 days after the next rent date, and the landlord may not charge liquidated damages.
Who is covered, and what triggers the right?
Subsection A covers "any member of the Armed Forces of the United States or a member of the National Guard serving on full-time duty or as a civil service technician with the National Guard." Part-time Guard members are not described by this text, so look at the orders before you decide.
- Permanent change of station orders.
- Temporary duty orders in excess of three months.
- Discharge or release from active duty, or from full-time Guard duty or technician status.
- An order to report to government-supplied quarters that forfeits basic allowance for quarters.
- A stop movement order in response to a local, national or global emergency, effective for an indefinite period or at least 30 days, that prevents the member from occupying the unit for a residential purpose.
How does the notice work, and which day does the lease end?
Subsection B requires written notice of termination, effective on a date stated in it. That date must be not less than 30 days after the first date on which the next rental payment is due after the notice is given. Before the termination date, the tenant must give you a copy of the official notification of the orders or a signed letter from the commanding officer confirming them.
The clock starts at the next rent due date, not the day you get the notice. A notice that arrives after rent is due this month counts from next month's due date.
Example a made-up tenant in Norfolk gives written notice on the 12th, and rent is due on the 1st. The next rent date after the notice is the 1st of next month, and 30 days after that is the 31st. The earliest effective date is the 31st of next month, so the owner bills one more full month plus that tail.
What can a Virginia landlord charge?
Subsection C is short: the landlord may not charge any liquidated damages. That removes the early termination fee your lease may name. Rent for the period up to the effective date is still part of the lease, so charge it as you would any other month.
Subsection D says nothing in the section affects the tenant's obligations established by 55.1-1227. The section does not deal with the security deposit, so damage deductions and the return of the deposit follow the ordinary Virginia rules, not this one.
Where owners go wrong
Two slips come up. One is counting 30 days from the day the notice arrives, which can end the lease too early. The other is leaving a liquidated damages line in the final statement out of habit. If the tenant gives proper notice and orders, delete the line. A short checklist for military notices, with the date math written out, avoids both.
What records protect the owner?
- The written notice, dated the day it was received.
- The copy of the orders or the commanding officer's letter.
- A note of which of the five triggers applies.
- The calculation of the effective date, written out.
- The final ledger showing rent through that date and no liquidated damages line.
If a tenant later says the lease ended earlier or later than you billed, those five items settle it in a few minutes.
How DoorKeeping fits in Virginia
DoorKeeping keeps the notice and the commanding officer's letter with the lease and the ledger, so the last rent date is traceable. Any final charge goes through your one-tap approval before it posts. This is general information, not legal advice. Check the current statute and your lease, and ask your own advisor about a specific tenant.
Sources
Questions
- Does the Virginia National Guard count?
- Members serving on full-time duty, or as a civil service technician with the National Guard, are named in 55.1-1235(A).
- Can a Virginia landlord charge liquidated damages to a military tenant?
- No. Subsection C says the landlord may not charge any liquidated damages.
- When does a Virginia military lease end?
- On the date in the written notice, not less than 30 days after the first date the next rent payment is due after the notice is given.