Quick summary: 5 key points
  • § 55.1-1236: a survivor's written notice ends the lease 28 days after it is served on the landlord.
  • Serve it with a copy of the protective order, or the conviction order, warrant, summons, information or indictment.
  • Rent stays due on the normal schedule until then, and the landlord may not charge liquidated damages.
  • § 55.1-1235: qualifying military orders end the lease at least 30 days after the next rent due date.
  • § 55.1-1208(B) makes a lease term waiving rights under the Act unenforceable.

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Count it for your dates

28 days: when does it end?

Day 28 falls on

What it means: Your notice takes effect on this date; rent stays payable on the lease's normal schedule through it, and the landlord may not charge any liquidated damages. Applies to a tenant who is a victim of family abuse, sexual abuse or other criminal sexual assault, stalking, or trafficking and holds a protective order obtained during the lease (with notice given while it or any extension runs), or a conviction order, warrant, summons, information, or indictment charging such a crime during that term; co-tenants stay responsible for the rent for the rest of the term, and the military route in § 55.1-1235 counts from the next rent due date instead (Va. Code § 55.1-1236(B)). Calendar arithmetic only; check how the section counts days before you rely on a date.

Copy and send: When you decide to leave, with your order or charging document attached

Survivor lease termination notice

Fill in the brackets and keep a copy of what you send.

How Virginia compares

Wait before a statutory exit, state by state

Wait before a statutory exit by stateEach square is a state; Virginia is outlined.Alabama: guide coming soonALAlaska: guide coming soonAKArizonaAZ30 daysArkansas: guide coming soonARCaliforniaCA0 daysColoradoCO0 daysConnecticut: guide coming soonCTDelaware: guide coming soonDEDistrict of ColumbiaDC14 daysFloridaFL7 daysGeorgiaGA30 daysHawaii: guide coming soonHIIdaho: guide coming soonIDIllinoisIL0 daysIndianaIN30 daysIowa: guide coming soonIAKansas: guide coming soonKSKentuckyKY30 daysLouisiana: guide coming soonLAMaine: guide coming soonMEMarylandMD0 daysMassachusettsMA0 daysMichiganMI0 daysMinnesotaMN0 daysMississippi: guide coming soonMSMissouriMO0 daysMontana: guide coming soonMTNebraska: guide coming soonNENevadaNV30 daysNew Hampshire: guide coming soonNHNew JerseyNJ30 daysNew Mexico: guide coming soonNMNew YorkNY30 daysNorth CarolinaNC30 daysNorth Dakota: guide coming soonNDOhioOH30 daysOklahomaOK0 daysOregonOR14 daysPennsylvaniaPA30 daysRhode Island: guide coming soonRISouth Carolina: guide coming soonSCSouth Dakota: guide coming soonSDTennesseeTN30 daysTexasTX30 daysUtahUT0 daysVermont: guide coming soonVTVirginiaVA28 daysWashingtonWA0 daysWest Virginia: guide coming soonWVWisconsinWI0 daysWyoming: guide coming soonWY

0 days7 days14 days28 days30 daysNo figureGuide coming soonYou are here

See all 28 cities as a chart

Wait before a statutory exit

Same clause, 28 cities, different rules. Tap any city for its own guide.

Austin, Texas
30 dayssurvivors; military
New York City, New York
30 dayssurvivors
Phoenix, Arizona
Up to 30 daysby agreement
Atlanta, Georgia
30 daysprotective order
Nashville, Tennessee
Up to 30 daysby agreement
Las Vegas, Nevada
30 days or sooner
Columbus, Ohio
30 dayslandlord's repair window
Newark, New Jersey
30 dayssurvivors
Charlotte, North Carolina
30 dayssurvivors; military technicians
Indianapolis, Indiana
30 daysprotective order
Louisville, Kentucky
30 daysprotective order
Richmond, Virginia
28 dayssurvivors
Portland, Oregon
14 dayssurvivors
Miami, Florida
7 dayslandlord's cure window
Los Angeles, California
No wait; 14-day rent tail
Chicago, Illinois
No wait; notify within 3 days
Seattle, Washington
No wait - leave on notice
Denver, Colorado
No wait - leave on notice
Boston, Massachusetts
No wait - leave on notice
Detroit, Michigan
No wait; rent tailsurvivors
Baltimore, Maryland
No wait; 30-day rent tailsurvivors; military
Minneapolis, Minnesota
No wait; rent to month endsurvivors
Milwaukee, Wisconsin
No wait; rent to end of next monthsurvivors
Kansas City, Missouri
No wait - leave on noticesurvivors
Oklahoma City, Oklahoma
No wait; act within 30 dayssurvivors
Salt Lake City, Utah
No wait; 1-month feesurvivors

Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.

Understanding the Early Termination Clause

This page is for Richmond renters who want to leave a lease before its end date, or who are checking the early termination clause before they sign. Each Virginia exit we found turns on a situation, not on a wish to move: abuse, assault, stalking or trafficking backed by a court paper, qualifying military orders, or a problem on the landlord's side.

Where none fits, the clause you signed decides the cost, so read its fee and notice period closely.

What renters assume

The chart shows Richmond at 28 days, so any Virginia tenant can give four weeks' notice and owe nothing more.

What is actually true

That 28 days belongs to the survivor route in § 55.1-1236, which needs a qualifying protective order or charging document. Military orders use § 55.1-1235. Where no route fits, the clause you signed decides.

Richmond's row reads 28 days (survivors). Twelve of the 28 rows in the comparison on this page read 30 days, twelve carry no advance wait, two read 14 days, in Portland and Washington, and Miami's reads 7 days.

Richmond's figure is a fixed count from the day of service. The thirties beside it do not all mean the same thing: Austin's label reads "30 days (survivors; military)", Phoenix and Nashville read "Up to 30 days (by agreement)", and Columbus's thirty is a landlord's repair window.

The bar leaves out Virginia's military route. Under § 55.1-1235 the end date is not less than 30 days after the first date on which the next rent payment is due after the notice.

That clock counts from a rent date rather than from the notice, and it is not the figure drawn here.

Clause decoder

Early Termination Clause Example - What the Wording Looks Like in Richmond, VA

The sample clause below comes from a Tennessee court case, and the notes explain what Virginia law says about each part. It is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.

Real clause - quoted in a published court opinion

Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.

21. EARLY TERMINATION FEES: If this agreement terminates for nonpayment or other listed defaults, other than a Landlord approved written termination from Tenant, Tenant agrees to pay [$1,000.00], in addition to all other fees, charges, and damages allowed, as an Early Termination Fee (hereinafter referred to as ‘Early Termination Fee’).

The Early Termination Fee is not a penalty, but rather a charge to compensate Landlord for Tenant’s failure to satisfy the terms of the agreement.

Quoted from the published opinion in Tennessee Homes v. Welch, No. M2021-01383-COA-R3-CV (Tenn. Ct. App. Aug. 12, 2022). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.

What the 4 highlighted phrases mean
1

“a Landlord approved written termination”

This is the clause's fee-free door, and the landlord holds the key to it. The two early-termination sections in our Virginia record do not pass through that door. Under § 55.1-1236(B) a qualifying survivor serves a written notice that takes effect 28 days after service. Under § 55.1-1235(B) a qualifying service member's notice names a date not less than 30 days after the first date on which the next rent payment is due after the notice. Landlord approval is not among the steps our record lists for either route.

See the example
A lease cannot turn approval into the price of those rights. § 55.1-1208(A)(1) bars a provision by which the tenant agrees “to waive or forgo rights or remedies under this chapter”, and § 55.1-1208(B) makes such a provision unenforceable.
Tenant-favourable“other than a termination by written notice under Va. Code § 55.1-1235 or § 55.1-1236, which needs no approval from Landlord”
What this lease said“a Landlord approved written termination”
Landlord-favourable“other than a termination Landlord has approved in writing, which Landlord may refuse for any reason”
2

“in addition to all other fees, charges, and damages allowed”

Here the fee is stacked on top of everything else the lease can collect. Virginia's survivor section says what keeps running until a survivor's exit takes effect. Under § 55.1-1236(C) rent stays payable on the lease's normal schedule “through the effective date of the termination”, and under § 55.1-1236(E) the tenant's upkeep duties under § 55.1-1227 run to that date as well.

See the example
The bill does not vanish for everyone on the lease. Co-tenants stay responsible for the rent for the rest of the term, so tell anyone who shares the lease before you serve notice. Rent stays due on its usual day until the effective date, because § 55.1-1236(C) keeps that schedule running.
Tenant-favourable“in addition to rent payable through the effective date of a statutory termination, and no other amount”
What this lease said“in addition to all other fees, charges, and damages allowed”
Landlord-favourable“in addition to rent through the end of the term and every other fee, charge and damage, whatever the reason for leaving”
3

“as an Early Termination Fee”

Here the lease files the charge under a name of its own. Tennessee Homes held that the name does not decide the question: the court treated this fee as liquidated damages although the clause never used that phrase, because “the parties' choice of language does not determine the nature of the provision.” The two early-termination sections in our Virginia record address that category by name. § 55.1-1236(D) says “The landlord may not charge any liquidated damages”, and § 55.1-1235(C) bars them on the military route.

See the example
Tennessee Homes is a Tennessee appellate decision, which does not make it a rule in Virginia. Our Virginia record states the liquidated-damages bar for the survivor and military routes and does not extend it to the Act's other exits, so read the fee against the route you are actually using.
Tenant-favourable“as an Early Termination Fee, which shall not apply to a termination under Va. Code § 55.1-1235 or § 55.1-1236”
What this lease said“as an Early Termination Fee”
Landlord-favourable“as an Early Termination Fee, a service charge and not liquidated damages, due on every early termination”
4

“rather a charge to compensate Landlord for Tenant’s”

The clause frames the fee as compensation for the tenant's failure. Virginia's survivor section names who answers when the survivor leaves and the perpetrator stays: if the perpetrator is the remaining sole tenant, the landlord may end the lease and claim actual damages from the perpetrator under § 55.1-1251. The Act also runs the other way, where the failure is the landlord's.

See the example
Under § 55.1-1234, for a landlord's material noncompliance, the tenant's written notice ends the lease on a date not less than 30 days after the landlord receives it if the breach is not remedied in 21 days. § 55.1-1234.1 lets a tenant end the lease, with a full refund of deposits and rent, for a fire hazard or serious threat to life, health, or safety existing at the start of the tenancy. That notice is written and goes within seven days of the date possession was to transfer. Our record of the Richmond City Code finds no early-exit provision of the city's own in the chapters read.
Tenant-favourable“a charge to compensate Landlord for Tenant’s breach, never owed where Landlord’s own noncompliance ended the lease”
What this lease said“rather a charge to compensate Landlord for Tenant’s”
Landlord-favourable“a charge to compensate Landlord for any early departure, whoever was at fault and whatever the reason”
What the court did with it

Enforced - but the label did not do the work. The court held this was a liquidated-damages provision even though it never used that phrase, because “the parties' choice of language does not determine the nature of the provision.” It then upheld the figure: judged at signing, $1,000 was a reasonable estimate of the loss on an $865-a-month annual lease.

How this state's law treats this clause
The two Virginia early-termination sections in our record end a lease on the tenant's written notice and the paper each section names. A survivor's notice takes effect 28 days after service, a service member's date runs from the next rent due date, and on both routes the landlord may not charge any liquidated damages: Va. Code § 55.1-1236; Va. Code § 55.1-1235; Va. Code § 55.1-1234; Va. Code § 55.1-1234.1; Va. Code § 55.1-1237; Va. Code § 55.1-1238; Va. Code § 55.1-1240; Va. Code § 55.1-1208; Va. Code § 55.1-1201

One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.

Virginia Law on Early Termination Clause

The law in Virginia
  • Who qualifies for the 28-day exit is set by the paperwork.
    Read the law's wordsSection 55.1-1236(A) covers a tenant who is a victim of family abuse as defined by § 16.1-228, sexual abuse or other criminal sexual assault, stalking in violation of § 18.2-60.3, or trafficking, and who has either a protective order under § 16.1-253.1, § 16.1-279.1, § 19.2-152.9 or § 19.2-152.10 obtained "during the term of an active and current rental agreement", with the notice given during the period of the order or any extension, or a conviction order, warrant, summons, information, or indictment charging such a crime against the victim during that term. Under § 55.1-1236(B) the notice is "to be effective 28 days after the tenant serves the termination notice on the landlord", and the tenant must also give the landlord a copy of the order, warrant, summons, information, or indictment.
  • What the tenant still owes is limited.
    Read the law's wordsSection 55.1-1236(C) keeps rent payable on the lease's normal schedule "through the effective date of the termination", § 55.1-1236(D) says "The landlord may not charge any liquidated damages", and § 55.1-1236(E) keeps the tenant's upkeep duties under § 55.1-1227 running to that date. Co-tenants on the lease stay responsible for the rent for the rest of the term, and if the perpetrator is the remaining sole tenant, the landlord may end the lease and claim actual damages from the perpetrator under § 55.1-1251.
  • The military route counts from a rent date, not from the notice.
    Read the law's wordsSection 55.1-1235(A) covers a member of the Armed Forces of the United States or of the National Guard serving on full-time duty or as a civil service technician with the National Guard who has permanent change of station orders, temporary duty orders of more than three months, a discharge or release, orders to government-supplied quarters that forfeit the basic allowance for quarters, or a stop movement order of indefinite length or at least 30 days that keeps the member from living in the unit. Under § 55.1-1235(B) the termination date must be "not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given", and before that date the tenant must give the landlord a copy of the orders or a signed letter from the commanding officer confirming them. Section 55.1-1235(C) bars liquidated damages.
  • Other exits in the same Act run on different clocks.
    Read the law's wordsUnder § 55.1-1234, for a material noncompliance by the landlord, the tenant's written notice states that the lease will end on a date not less than 30 days after the landlord receives it if the breach is not remedied in 21 days. Section 55.1-1234.1 lets a tenant end the lease, with a full refund of deposits and rent, for a fire hazard or serious threat to life, health, or safety existing at the start of the tenancy, by written notice within seven days of the date possession was to transfer. Section 55.1-1238 allows termination on at least five days' written notice where the landlord willfully fails to deliver possession, and § 55.1-1237(B) allows it on written notice at least five business days before the termination date where the landlord of a unit used as a single-family residence fails to give the foreclosure notice § 55.1-1237(A) requires. Under § 55.1-1240, after fire or casualty damage, the tenant may vacate and serve written notice within 14 days, a period the version effective January 1, 2027 sets at 21 days, and the lease ends as of the date of vacating.
  • A lease cannot sign these rights away, and the Act has limits on who it covers.
    Read the law's wordsSection 55.1-1208(A)(1) bars a rental agreement provision by which the tenant agrees "to waive or forgo rights or remedies under this chapter", § 55.1-1208(A)(8) bars a waiver of Servicemembers Civil Relief Act rights before a dispute arises, and § 55.1-1208(B) makes such a provision unenforceable. Section 55.1-1201(C) lists occupancies that are not residential tenancies under the Act, among them residence at an institution incidental to medical, educational or similar services, occupancy by a tenant who pays no rent, and occupancy under a contract of sale by the purchaser, and § 55.1-1201(D) leaves out transient lodging that is not a person's primary residence and a primary residence in such lodging for 90 consecutive days or less.

Sources include Va. Code § 55.1-1236; Va. Code § 55.1-1235; Va. Code § 55.1-1234; Va. Code § 55.1-1234.1; Va. Code § 55.1-1237; Va. Code § 55.1-1238; Va. Code § 55.1-1240; Va. Code § 55.1-1208; Va. Code § 55.1-1201 - statutes change; verify the current text for your situation.

Read the full state law section
  • Survivors, § 55.1-1236. A victim of family abuse, sexual abuse or other criminal sexual assault, stalking, or trafficking who holds a protective order obtained during the lease, with notice given while it or any extension runs, or a conviction order, warrant, summons, information or indictment for such a crime during that term. Written notice with a copy ends the lease 28 days after service. Rent and § 55.1-1227 upkeep duties continue to that date.
  • Military, § 55.1-1235. A member of the Armed Forces, or of the National Guard on full-time duty or as a civil service technician, with permanent change of station orders, temporary duty orders of more than three months, a discharge or release, orders to government-supplied quarters that forfeit the basic allowance for quarters, or a stop movement order of indefinite length or at least 30 days that keeps the member out of the unit. The end date is at least 30 days after the first rent due date following the notice, with a copy of the orders or a commanding officer's signed letter given before then. Our military lease guide covers the federal exit.
  • Landlord's breach, § 55.1-1234. If a material noncompliance is not remedied in 21 days, your notice ends the lease at least 30 days after the landlord receives it.

What's Specific to Richmond

Our record of the Code of the City of Richmond, covering Chapter 16 (Housing) and Chapter 17 (Human Rights) in full, finds no provision that lets a tenant end a lease early or sets an early termination notice period. Va. Code § 55.1-1201(E) says the state Act supersedes other local landlord and tenant ordinances, except a reconciliatory mediation commission and property maintenance ordinances.

In the city's affordable dwelling unit program, Richmond Code § 16-28 has the lease treat a yearly affidavit missed by 30 days, or ineligible income, as a material breach.

Does the lease say where written notice goes?

§ 55.1-1236(B) counts the survivor's notice period from the day you serve the landlord, so a notice address tells you where to serve it.

Do you know your next rent due date?

The military end date counts from the first rent due date after your notice, under § 55.1-1235(B).

Does the lease make the landlord's approval the way out?

The survivor and military sections ask for your written notice and papers, and § 55.1-1208(A)(1) bars waiving rights or remedies under the Act.

Does the clause name its fee and notice period?

Where no Virginia route fits, the clause you signed decides the cost, so a stated fee and notice period let you price leaving.

Sources

The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.

Red Flags to Watch Out For

  • One fee for every early move-out

    A clause charging the same fee for any early exit ignores § 55.1-1236(D) and § 55.1-1235(C), which bar liquidated damages on the survivor and military routes.

  • A blanket waiver of statutory exits

    § 55.1-1208(A)(1) bars a provision by which the tenant agrees "to waive or forgo rights or remedies under this chapter", and § 55.1-1208(B) makes it unenforceable.

  • A servicemember waiver signed up front

    § 55.1-1208(A)(8) bars a lease provision waiving Servicemembers Civil Relief Act rights before a dispute arises.

  • An end date on the lease's own clock

    The survivor notice runs from service and the military date from the next rent due date. A clause with its own notice period reads a different clock.

  • Co-tenants told the lease ended with you

    Under § 55.1-1236, co-tenants on the lease stay responsible for the rent for the rest of the term. Tell them before you serve notice.

Your Rights as a Richmond Tenant

  • Leave on a survivor's notice

    With a qualifying protective order or charging document, your written notice under § 55.1-1236 ends the lease. The steps it lists do not include the landlord's approval.

  • Pay rent only to the end date

    § 55.1-1236(C) keeps rent payable on the lease's normal schedule "through the effective date of the termination".

  • A military route that counts from rent day

    § 55.1-1235 sets the end date from the next rent due date after your notice, not from the notice itself.

  • Leave with a full refund if unsafe at move-in

    For a fire hazard or serious threat to life, health, or safety at move-in, give written notice under § 55.1-1234.1 within seven days of the date possession was to transfer.

What To Do - Step by Step

1

Match your situation to a route

Survivors use § 55.1-1236, qualifying military orders § 55.1-1235, and a landlord's material noncompliance § 55.1-1234. If none fits, your clause decides.

2

Gather the papers the section names

A survivor needs the protective order or charging document. A service member needs a copy of the orders or a commanding officer's signed letter confirming them.

3

Serve the notice in writing and keep proof

Use a form that shows the day of service, since the survivor's count starts that day.

4

Work out what you still owe

Rent stays due on the normal schedule through the end date. Note the fee your clause names before anyone asks you to pay it.

5

Check the statute text today

Read the current text of § 55.1-1236 and § 55.1-1235 on law.lis.virginia.gov before you serve notice.

6

Get local advice before paying a fee

Take the lease, your notice and proof of service to a Richmond tenant lawyer or legal aid office before you agree to any fee.

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Frequently Asked Questions

can i break my lease in richmond if i am a victim of family abuse
Virginia has an early termination route for that. Under Va. Code § 55.1-1236, a victim of family abuse, sexual abuse or other criminal sexual assault, stalking, or trafficking with a qualifying protective order, or a conviction order, warrant, summons, information or indictment, can end the lease by written notice.
when does a virginia survivor notice end the lease
28 days after you serve it on the landlord, under § 55.1-1236(B), with a copy of the order or charging document. That survivor early termination route keeps rent due on the normal schedule until then, with no liquidated damages.
can a servicemember break a lease in richmond
§ 55.1-1235, the Virginia military early termination route, lets a qualifying member of the Armed Forces or National Guard with qualifying orders end the lease at least 30 days after the next rent due date. The federal exit is in our military lease guide.
do my roommates still owe rent if i leave under the survivor law
Yes. After a survivor's early termination under § 55.1-1236, co-tenants on the lease stay responsible for the rent for the rest of the term. If the perpetrator is the only tenant left, the landlord may end the lease and claim actual damages from the perpetrator under § 55.1-1251.
Legal Disclaimer: This guide is for general educational purposes only and does not constitute legal advice. Information reflects general Virginia and Richmond law as of October 2026 but may not reflect recent changes. Consult a licensed attorney in Virginia for advice about your specific situation.