                                 CODE OF VIRGINIA

EARLY TERMINATION OF RENTAL AGREEMENTS BY VICTIMS OF FAMILY ABUSE, SEXUAL ABUSE
OR OTHER CRIMINAL SEXUAL ASSAULT, OR STALKING (§ 55.1-1236)

A. Any tenant who is a victim of (i) family abuse as defined by § 16.1-228,
(ii) sexual abuse as defined by § 18.2-67.10 or other criminal sexual assault
under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, (iii) stalking
in violation of § 18.2-60.3, or (iv) trafficking in violation of Article 3 (§
18.2-344 et seq.) of Chapter 8 of Title 18.2 may terminate such tenant&#8217;s
obligations under a rental agreement under the following circumstances:

   1. The victim has obtained an order of protection pursuant to &#xA7;
   16.1-253.1 or 16.1-279.1 during the term of an active and current rental
   agreement and has given written notice of termination in accordance with
   subsection B during the period of the protective order or any extension
   thereof;

   2. The victim has obtained a preliminary protective order pursuant to &#xA7;
   19.2-152.9 or a permanent protective order pursuant to &#xA7; 19.2-152.10
   during the term of an active and current rental agreement and has given
   written notice of termination in accordance with subsection B during the
   period of the protective order or any extension thereof; or

   3. A court has entered an order convicting a perpetrator of, or a magistrate,
   law-enforcement agency, grand jury, special grand jury, or court has issued a
   warrant, summons, information, or indictment charging a person with, any crime
   of sexual assault under Article 7 (&#xA7; 18.2-61 et seq.) of Chapter 4 of
   Title 18.2, sexual abuse as defined by &#xA7; 18.2-67.10, family abuse as
   defined by &#xA7; 16.1-228, stalking in violation of &#xA7; 18.2-60.3, or
   trafficking in violation of Article 3 (&#xA7; 18.2-344 et seq.) of Chapter 8
   of Title 18.2 against the victim during the term of an active and current
   rental agreement and the victim gives written notice of termination in
   accordance with subsection B. A victim may exercise a right of termination
   under this section to terminate a rental agreement in effect when the
   conviction order is entered and one subsequent rental agreement based upon the
   same conviction.

B. A tenant who qualifies to terminate such tenant&#8217;s obligations under a
rental agreement pursuant to subsection A shall do so by serving on the landlord
a written notice of termination to be effective 28 days after the tenant serves
the termination notice on the landlord. The tenant shall also provide the
landlord with a copy of (i) the order of protection issued or (ii) the
conviction order, warrant, summons, information, or indictment.

C. The rent shall be payable at such time as would otherwise have been required
by the terms of the rental agreement through the effective date of the
termination as provided in subsection B.

D. The landlord may not charge any liquidated damages.

E. The victim&#8217;s obligations as a tenant under &#xA7; 55.1-1227 shall
continue through the effective date of the termination as provided in subsection
B. Any co-tenants on the lease with the victim shall remain responsible for the
rent for the balance of the term of the rental agreement. If the perpetrator is
the remaining sole tenant obligated on the rental agreement, the landlord may
terminate the rental agreement and collect actual damages for such termination
against the perpetrator pursuant to &#xA7; 55.1-1251.

HISTORY: 2013, c. 531, § 55-248.21:2; 2019, c. 712; 2024, c. 302; 2025, c. 593.