Ending a lease after abuse, stalking, sexual assault, or trafficking
Virginia Code § 55.1-1236 lets a tenant end a rental agreement on 28 days written notice with a protective order or a qualifying court document, with no liquidated damages.
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If you are a victim of family abuse, sexual abuse or criminal sexual assault, stalking, or trafficking, Virginia law lets you end your rental agreement early. You serve written notice with a copy of a protective order or a qualifying court document, and the agreement ends 28 days after service. Rent is owed through that date, and no liquidated damages may be charged.
What the statute says
- There are two separate ways to qualify. One is a protective order obtained during your current lease and still in effect when you give notice. The other is a criminal charge or conviction for a covered offense against you, arising during your current lease.
- You give the notice in writing and attach a copy of the order or the court document. The termination takes effect 28 days after you serve it. The day you write the notice is not the day it was served.
- Rent stays payable through the termination date, and your obligations as a tenant continue until then. Your landlord may not charge liquidated damages for this termination.
- Other people on your lease remain responsible for the rent for the rest of the term. Ending your own obligations does not end theirs.
- Where the person who caused harm lives does not change this right. The statute does not require them to be on your lease or in your unit.
- A conviction can support terminating the lease that was in effect when the conviction order was entered, and one later rental agreement based on that same conviction.
Check whether this applies to you
28 days written notice, a copy of your qualifying document, and rent through the termination date. The questions below walk through the statutory conditions one at a time. Nothing is sent to anyone.
Where you live
What happened
Documentation
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Start with the property and your lease
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Is the rental property in Virginia?
Street address (optional)
City or county (optional)
Is there a rental agreement in effect right now?
This statute terminates obligations under an active lease. If your lease has already ended, a different route applies.
Do not skip these
- The 28 days runs from the date the notice is served, not the date it was written. Keep proof of service.
- Do not stop paying rent before the termination date. Unpaid rent can start a separate eviction case.
- A document people informally call a restraining order may not be one of the orders the statute names. Have legal aid read it.
- If you are in danger right now, call 911 before anything on this page.
This page is general legal information and organizing support, not legal advice, and it does not create an attorney-client relationship. Va. Code § 55.1-1236 is quoted and applied as recorded here, but statutes change. Confirm anything that affects a deadline with a lawyer or legal aid before you act.