Tenants who are victims of domestic violence, sexual assault, or sexual abuse can terminate their lease early so long as they have proof of the violence and notify the landlord in writing within a specific period.
What Qualifies as Domestic Violence?
For an act of domestic violence to qualify as grounds for breaking a lease, all must be true:
- It is committed against the tenant or child of a tenant by a household member
- It is intended to result in harm, injury, or sexual assault OR it reasonably places the victim in fear of imminent harm or assault
Many states protect tenants who are victims of domestic violence. Some protections available for victims of domestic violence include:
- Termination of Lease. Landlords cannot refuse to terminate a lease when the tenant is a victim of domestic violence. Once the tenant meets the requirements, they will have the ability to terminate the lease.
- Protection from termination. Landlords cannot refuse to rent to a potential tenant because they were a victim of domestic violence, sexual assault, or stalking.
- Changing locks. If a tenant requests the landlord to change the locks and they fail to do so within 24 hours of your request, a tenant will be able to do so on their own.
Additionally, landlords cannot end a lease or refuse to renew a lease because the tenant was a victim of domestic violence, sexual assault, or stalking.
How Does a Tenant Prove or Verify Domestic Violence?
A tenant can prove or verify domestic violence by providing the landlord with one of the following:
- A copy of a court issued order such as:
- A temporary injunction
- A temporary order
- A protective order
- An order of emergency protection
- A copy of documentation of the violence against the tenant or occupant from:
- A licensed health care services provider who examined the victim
- A licensed mental health services provider who examined the victim
A landlord can verify domestic violence through one of the following:
- Examining the official court document received from the tenant, and cross-reference whether the judge’s signature matches one of the current judges presiding over the state
- Obtaining the contact information for the healthcare provider to corroborate whether the documentation the tenant provided is factually accurate
How to Terminate a Lease Due to Domestic Violence
A tenant can terminate a lease due to domestic violence by providing the landlord proof of the violence and a notice of termination.
Notifying the Landlord
A tenant exercising their right to terminate the lease due to domestic violence must provide one type of supporting documentation of the violence and a notification letter of termination to their landlord or landlord’s agent. This notice can be delivered either in-person or through certified mail.
Terminating the Lease
The lease will terminate within a certain time after delivery of the notice. Generally, the lease will terminate within 30 days of delivering notice, but certain states, like Maine, enforce a different time period for termination such as 14 days.
| State | Lease Terminated Within |
| Alabama | No Statute |
| Alaska | No Statute |
| Arizona | 30 Days |
| Arkansas | 30 Days |
| California | 30 Days |
| Colorado | 30 Days |
| Connecticut | Not Specified |
| Delaware | 30 Days |
| Florida | No Statute |
| Georgia | Not Specified |
| Hawaii | Not Specified |
| Idaho | No Statute |
| Indiana | 30 Days |
| Iowa | Not Specified |
| Kansas | Not Specified |
| Kentucky | Not Specified |
| Louisiana | Not Specified |
| Maine | 14 Days |
| Maryland | 30 Days |
| Massachusetts | 90 Days |
| Michigan | Not Specified |
| Minnesota | 30 Days |
| Mississippi | Not Specified |
| Missouri | Not Specified |
| Montana | Not Specified |
| Nebraska | Not Specified |
| Nevada | Not Specified |
| New Hampshire | 30 Days |
| New Jersey | 30 Days |
| New Mexico | Not Specified |
| New York | 30 Days |
| North Carolina | 30 Days |
| North Dakota | 30 Days |
| Ohio | 30 Days |
| Oklahoma | Not Specified |
| Oregon | 14 Days |
| Pennsylvania | Not Specified |
| Rhode Island | Not Specified |
| South Carolina | Not Specified |
| South Dakota | Not Specified |
| Tennessee | 30 Days |
| Texas | 30 Days |
| Utah | 30 Days |
| Vermont | Not Specified |
| Virginia | 30 Days |
| Washington | 30 Days |
| Washington, D.C. | Not Specified |
| West Virginia | Not Specified |
| Wisconsin | 30 Days |
| Wyoming | 30 Days |
Tenant Liabilities
The tenant will be liable for the remaining unpaid rent on a prorated basis. For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st. Therefore, rent is still due for the month of April.
The tenant will also be liable for any damages, such as property damages incurred during the duration of the tenancy.
Sources
- 1 Va. Code § 55.1-1236(A) & (B)
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A. Any tenant who is a victim of (i) family abuse as defined by § 16.1-228, (ii) sexual abuse as defined by § 18.2-67.10, or (iii) other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 may terminate such tenant’s obligations under a rental agreement under the following circumstances:
1. The victim has obtained an order of protection pursuant to § 16.1-279.1 and has given written notice of termination in accordance with subsection B during the period of the protective order or any extension thereof;
2. The victim has obtained a permanent protective order pursuant to § 19.2-152.10 and has given written notice of termination in accordance with subsection B during the period of the protective order or any extension thereof; or
3. A court has entered an order convicting a perpetrator of any crime of sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, sexual abuse as defined by § 18.2-67.10, or family abuse as defined by § 16.1-228 against the victim and the victim gives written notice of termination in accordance with subsection B. A victim may exercise a right of termination under this section to terminate a rental agreement in effect when the conviction order is entered and one subsequent rental agreement based upon the same conviction.
B. A tenant who qualifies to terminate such tenant’s obligations under a rental agreement pursuant to subsection A shall do so by serving on the landlord a written notice of termination to be effective 30 days after the tenant serves the termination notice on the landlord. The tenant shall also provide the landlord with a copy of (i) the order of protection issued or (ii) the conviction order.
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