Can I terminate my lease early due to domestic violence?

Full question:

I moved in with my boyfriend to an apartment that is leased out in my name situated in Norfolk, Virginia. I had no idea staying with him would reveal a different side to him. He is physically abusive and I fear for my life. I have more than 8 months to go before my lease expires. Do I have a legal remedy to terminate the lease and move out of here as soon as possible?

Answer:

Yes, Virginia law allows victims of family abuse, sexual abuse, or criminal sexual assault to terminate their lease early. You can do this if you notify your landlord about the abuse and either obtain a protective order against the abuser or if a court convicts the abuser of a related crime.

According to Va. Code Ann. § 55-248.21:2, you can terminate your lease if:

  1. You have a protective order and provide written notice to your landlord during the order's duration.
  2. A court has convicted the abuser of a relevant crime, and you give written notice to your landlord.

To terminate the lease, you must provide your landlord with a written notice at least thirty days before the next rent payment is due. Along with the notice, you need to include a copy of the protective order or the conviction order. Your landlord cannot charge you any fees for terminating the lease early.

Keep in mind that you will still be responsible for rent until the termination date, and any co-tenants will remain liable for the rent as well.

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.

FAQs

Yes, someone can be emotionally abusive without realizing it. Emotional abuse often involves manipulation, control, or criticism that can be subtle. The abuser may not recognize their behavior as harmful, especially if they believe they are acting out of love or concern. Awareness and education about healthy relationships can help individuals identify and change such behaviors.