Virginia Notice to Lessee of Forfeiture of Lease for Failure to Abide by Lease Agreement
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How to fill out Notice To Lessee Of Forfeiture Of Lease For Failure To Abide By Lease Agreement?
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FAQ
Section 55.1-1234 of the Virginia Code addresses residential landlord-tenant relationships, including procedures related to lease forfeiture and tenant protections. This section emphasizes the rights of tenants in the event of lease violations and outlines the responsibilities of landlords. Familiarizing yourself with this code can be beneficial, especially if you have received a Virginia Notice to Lessee of Forfeiture of Lease for Failure to Abide by Lease Agreement.
So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Virginia requires landlords to take reasonable steps to keep their losses to a minimumor to "mitigate damages" in legal terms.
When Breaking a Lease Agreement is Legally Justified in Virginia. Usually, if a tenant breaks the lease, they are still responsible for continuing to pay the due rent until it expires, regardless of whether they live in the property or not.
HOW IS A LEASE FORFEITED? There are two ways for a landlord to forfeit a lease. Physically taking back possession of the premises (often described as 'peaceable re-entry') and issuing and serving proceedings. Peaceable re-entry is often favoured by landlords, but it ought to be viewed with caution.
In Virginia, landlords can evict tenants for a lease violation. The landlord must give tenants a 30-Day Notice to Comply, which provides them with 21 days to fix the issue. Should the tenant be unable to resolve the issue within 21 days, the tenant has the remaining 9 days to vacate the rental property.
Other than active duty military and domestic violence victims discussed infra unless the landlord has violated the lease, tenants have no legal right to end a lease early, even for compelling reasons such as age, disability, inability to continue to live independently or job relocation.
The national CDC eviction moratorium ended on August 26, 2021. Please reach out to legal services if you are worried about eviction. Virginia renters have special protection against evictions until June 30, 2022.
Notice Requirements for Virginia Landlords A landlord can simply give you a written notice to move, allowing you 30 days as required by Virginia law and specifying the date on which your tenancy will end. (The rental agreement may provide for a different notice period.)
Read over the lease and look for language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the amount of the fee (i.e. equal to 2 month's rent) and the amount of notice required (i.e. 30 days).
The state of Virginia requires that rental properties maintain certain habitable standards. If your landlord doesn't meet them, then you can break the lease without any further obligations. In such a case, a court would deem you to have been "constructively evicted."
