How can a lease be terminated in the Commonwealth of Virginia?
If the tenancy is month to month, either party may terminate the agreement by giving 1 month's written notice to the other party. If the tenancy is week-to-week, either party may terminate by giving 1 week's written notice.
If the lease is for a fixed period of time, such as 1 year, it may contain provisions for early termination. Otherwise, the lease expires at the end of the term, unless the parties agree to earlier termination. Tenants who are on active military duty or are civilian employees with the military may be able to terminate their lease early. The Act gives the right to early termination of the lease to persons receiving orders to relocate at least 35 miles away from the rental unit, or if they are discharged or released from active duty, or are ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters. Such tenants must give the landlord a written notice of termination, setting out a termination date not less than 30 days after receipt of the notice, and not more than 60 days prior to the date of departure. The tenant must also provide the landlord with a copy of the official orders or a signed letter from the commanding officer, confirming the orders.
If the tenancy is for a manufactured home park lot and is for a period of 60 days or more, either party may terminate by giving the other written notice at least 60 days prior to the termination date, unless the rental agreement states otherwise. If the termination is due to rehabilitation or a change in the use of all or part of the park by the landlord, the landlord must give 120 days written notice to the tenants.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for several reasons, including:
(a) nonpayment of rent;
(b) breach of a condition of the rental agreement;
(c) holding over in the premises after termination of the rental agreement, without the landlord's consent;
(d) criminal activity, or a willful act materially affecting health and safety (which can result in immediate termination of the rental agreement);
(e) violation of building or housing code regulations caused by a lack of reasonable care (for manufactured home park lot tenants).
A tenant who has been evicted from a manufactured home park has 90 days after judgment has been entered in which to sell the home or remove the home from the park, subject to the rights of any secured party having a security interest in the home, including any lien rights of the park.
A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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