Full question:
My son lives in the State of Virginia in Fredrick County. He is renting a condo with a roommate that expires January 2010. His roommate drinks a lot and gets violent and threatens to do physical harm to my son (this usually occurs with the roommate and his buddies helping him). This past weekend my son and his girlfriend locked themselves in the bedroom and the roommate and friend(s) attempted to beat down the door (again they were drunk). The cops came but did not take anyone. Can my son legally terminate his lease due to domestic/roommate violence? These acts of violence have happened a number of times, each time escalating a bit further.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Virginia
Answer:
In Virginia, a tenant can typically only terminate a lease early if there is a breach of the lease by the landlord or if the tenant is in the military. If the lease does not include an early termination clause, the tenant may be liable for the full lease term unless the landlord fails to provide habitable living conditions. In cases where health and safety are compromised, tenants can give the landlord a written notice to terminate the lease after 30 days if the issue isn't resolved within 21 days.
However, if your son's roommate's violent behavior creates an unsafe living environment, this could be considered a breach of the lease terms regarding safety. Your son may want to discuss the situation with his landlord to see if they can agree on an early termination of the lease. The landlord may require some form of compensation or assistance in finding a replacement tenant.
Virginia law states that tenants can recover damages and seek injunctive relief for noncompliance by the landlord (Va. Code § 55-248.21). If the landlord does not remedy a breach that affects health and safety, the tenant can serve written notice to terminate the lease. If the landlord has previously remedied a similar breach, and then commits a subsequent breach, the tenant can also terminate the lease under similar notice conditions.
For more specific guidance, your son may want to consult with a legal professional to discuss his options based on the details of his situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.