Legal Question in Landlord & Tenant Law in Virginia

Provisions for breaking lease without penalty

Good afternoon:

My question is this....is there a provision in Va law that allows for a tenant to break the lease agreement, without having to pay penalties, if there is substantial evidence to support the tenants fear of personal safety of self and family? Examples include the shooting out of car window, personal threats of violence by other tenants, vandalism, theft of personal property, etc. Of course, the most disconcerting is the shooting. The landlord informs they can leave, but must pay 9 months rent prior to leaving, which tenants can't afford. Must they stay, fearing their personal safety until they can save the money to leave? That would take quite some time to accomplish. Thanks for your help.


Asked on 7/28/04, 1:06 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Provisions for breaking lease without penalty

The key question in your situation is whether the crime and threats are in any way the landlord's responsibility, such as not creating a safe situation. There are grounds for breaking a lease if the landlord does not deliver what was promised, an apartment fit for habitation. It must be done very carefully, however, and you should not do anything without carefully checking the law. However, in your situation, the problem is that normally criminal activity is the fault of a THIRD-party, the criminals. The landlord is normally not to blame for what third parties do. So the question here is whether there is anything that the landlord actually did to create the situation or make the place unsafe. You would have to tie it to the landlord's actions or inactions. I would definitely check with your local city or county, however, as their regulatory authority over landlords for residential living may be more stringent than general Virginia law, and they may be able to pressure the landlord.

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Answered on 7/29/04, 10:32 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Provisions for breaking lease without penalty

I know of no statute or provision under Title 55 or other relevant sections of the Va. Code which would allow a tenant to disavow a lease with impunity based upon the facts and the scenario which you've described.

The above means that you must meet the landlord's demand for payment if you want an early out of your lease.

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Answered on 7/28/04, 1:37 pm


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