A. Any member of the Armed Forces of the United States or a member of the National Guard serving on full-time duty or as a civil service technician with the National Guard may, through the procedure detailed in subsection B, terminate his rental agreement if the member (i) has received permanent change of station orders to depart 35 miles or more (radius) from the location of the dwelling unit, (ii) has received temporary duty orders in excess of three months' duration to depart 35 miles or more (radius) from the location of the dwelling unit, (iii) is discharged or released from active duty with the Armed Forces of the United States or from his full-time duty or technician status with the National Guard, or (iv) is ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters.
B. Tenants who qualify to terminate a rental agreement pursuant to subsection A shall do so by serving on the landlord a written notice of termination to be effective on a date stated in such written notice, such date to be not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given. The termination date shall be no more than 60 days prior to the date of departure necessary to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer. Prior to the termination date, the tenant shall furnish the landlord with a copy of the official notification of the orders or a signed letter, confirming the orders, from the tenant's commanding officer.
C. The landlord may not charge any liquidated damages.
D. Nothing in this section shall affect the tenant's obligations established by § 55.1-1227.
1977, c. 427, § 55-248.21:1; 1978, c. 104; 1982, c. 260; 1983, c. 241; 1986, c. 29; 1988, c. 184; 2000, c. 760; 2002, c. 760; 2005, c. 742; 2006, c. 667; 2007, c. 252; 2017, c. 730; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 12 - Virginia Residential Landlord and Tenant Act
§ 55.1-1201. Applicability of chapter; local authority
§ 55.1-1203. Application; deposit, fee, and additional information
§ 55.1-1205. Prepaid rent; maintenance of escrow account
§ 55.1-1206. Landlord may obtain certain insurance for tenant
§ 55.1-1207. Effect of unsigned or undelivered rental agreement
§ 55.1-1208. Prohibited provisions in rental agreements
§ 55.1-1208.1. Rental agreements; child care
§ 55.1-1209. Confidentiality of tenant records
§ 55.1-1210. Landlord and tenant remedies for abuse of access
§ 55.1-1213. Transfer of deposits upon purchase
§ 55.1-1214. Inspection of dwelling unit; report
§ 55.1-1215. Disclosure of mold in dwelling units
§ 55.1-1216. Disclosure of sale of premises
§ 55.1-1218. Required disclosures for properties with defective drywall; remedy for nondisclosure
§ 55.1-1220. Landlord to maintain fit premises
§ 55.1-1221. Landlord to provide locks and peepholes
§ 55.1-1222. Access of tenant to cable, satellite, and other television facilities
§ 55.1-1223. Notice to tenants for insecticide or pesticide use
§ 55.1-1224. Limitation of liability
§ 55.1-1225. Tenancy at will; effect of notice of change of terms or provisions of tenancy
§ 55.1-1226. Security deposits
§ 55.1-1227. Tenant to maintain dwelling unit
§ 55.1-1228. Rules and regulations
§ 55.1-1230. Access following entry of certain court orders
§ 55.1-1231. Relocation of tenant where mold remediation needs to be performed in the dwelling unit
§ 55.1-1232. Use and occupancy by tenant
§ 55.1-1233. Tenant to surrender possession of dwelling unit
§ 55.1-1234. Noncompliance by landlord
§ 55.1-1235. Early termination of rental agreement by military personnel
§ 55.1-1237. Notice to tenant in event of foreclosure
§ 55.1-1238. Failure to deliver possession
§ 55.1-1239. Wrongful failure to supply an essential service
§ 55.1-1240. Fire or casualty damage
§ 55.1-1241. Landlord's noncompliance as defense to action for possession for nonpayment of rent
§ 55.1-1242. Rent escrow required for continuance of tenant's case
§ 55.1-1244. Tenant's assertion; rent escrow
§ 55.1-1244.1. Tenant's remedy by repair
§ 55.1-1246. Barring guest or invitee of a tenant
§ 55.1-1247. Sheriffs authorized to serve certain notices; fee for service
§ 55.1-1248. Remedy by repair, etc.; emergencies
§ 55.1-1249. Remedies for absence, nonuse, and abandonment
§ 55.1-1250. Landlord's acceptance of rent with reservation; tenant's right of redemption
§ 55.1-1251. Remedy after termination
§ 55.1-1252. Recovery of possession limited
§ 55.1-1253. Periodic tenancy; holdover remedies
§ 55.1-1254. Disposal of property abandoned by tenants
§ 55.1-1256. Disposal of property of deceased tenants
§ 55.1-1257. Who may recover rent or possession
§ 55.1-1258. Retaliatory conduct prohibited
§ 55.1-1259. Actions to enforce chapter
§ 55.1-1261. (Expires July 1, 2024) Eviction Diversion Pilot Program; administration