What happens with assault survivors and early lease terminations?
What happens with assault survivors and early Lease termination
We are fortunate that we have not had to deal with this, but the Virginia House Bill 764 changes the circumstances under which survivors of sexual abuse or criminal sexual assault may terminate their leases before they expire. Early termination is now available to survivors who have obtained permanent protective orders and provided appropriate notification. As with earlier versions of the law, a tenant may also terminate early if they have an order of protection, or if the perpetrator has been convicted of sexual assault, sexual abuse, or family abuse.
Notification requirements in this area have also changed. Previously, a tenant’s notice of termination to the landlord had to specify an effective date for the termination that was at least 30 days after the next date when rent was due. Under HB 764, the tenant’s notice of termination simply becomes effective 30 days after it has been served on the landlord. The tenant remains responsible for providing the landlord with a copy of either the order of protection or the conviction order. The tenant will also remain liable for any rent that’s payable before the termination date. Communication is key for all parties.
