Can I End My Lease Early Because of Bad Conditions?

If your landlord won't fix serious problems in your home, you may be able to move out before your lease ends without paying a penalty.

But there is real risk here. Even if you follow the steps correctly, your landlord can still take you to court for rent after you’ve moved and a judge will decide whether you had good enough reason to leave. This article explains how to give yourself the best chance.

Should I consider other options first?

Moving out is permanent. The other two options may let you stay in your home and still get repairs made.

• Take your landlord to court: A judge can order repairs and even let you leave early if warranted. Read more: How to Take Your Landlord to Court for Repairs
• Repair and deduct: Hire a licensed contractor or pesticide business and subtract the cost from rent. Read more: Repair and Deduct: Can I Fix It and Subtract It from My Rent?

When can I end my lease early because of bad conditions?

You can end your lease early and move out only if:

• The conditions affect your health or safety.
• You or your guests did not cause the damage.

How do I end my lease early the right way? 

This process has strict rules, and getting them wrong could leave you responsible for months of rent. Before you do anything, contact legal aid to see if a lawyer can walk you through it.

If you understand that risk and want to proceed, here is how the process works:

1. Write a letter to your landlord. Describe the conditions that need to be fixed. Tell them they have 21 days to fix the problems, and that if they do not, you will move out in 30 days.
2. Send the letter to your landlord and keep a copy for yourself.
3. If your landlord fixes the problem within 21 days, your lease continues. Do not move out.
4. If your landlord does not fix the problem in 21 days, you can move out by day 30, hand in your keys, and stop paying rent after you leave.

Important: The rules must be followed exactly. Talk to a lawyer before you take any steps.

Can my landlord still come after me for rent even if I follow the steps?

Yes, they can try. Even if you follow the process correctly, your landlord can still take you to court and try to hold you responsible for rent for the rest of the lease period.

If that happens, a judge will decide whether you had good enough reason to leave.

• If the judge agrees the conditions were serious, you would not owe the remaining rent.
• If the judge disagrees, you could be on the hook.

This is why getting legal advice before you move is so important.

What happens to my security deposit?

If you end your lease early and move out, your landlord has 45 days to return your security deposit or give you an explanation of what they used it to pay for. This is the same as any other move-out situation, like when a lease runs out. 

You have to give the landlord your new address when you move out, so they know where to send the deposit. If you don’t get the deposit or an accounting after 45 days, contact legal aid to see if they can help you demand it.

Where can I get free help?

Ending a lease early can be complicated, and the stakes are high. Do not try to do it without legal help.

• You may be able to get free legal aid. Visit virginialawhelp.org/get-legal-help or call 866-LEGLAID (866-534-5243).
• Ask a lawyer online for free: virginia.freelegalanswers.org.
• If you do not qualify for legal aid, you can get a low-cost consultation from Virginia Lawyer Referral Service. Visit vsb.org/Site/VLRS/Public/Referral-1.aspx or call 800-552-7977.