How Much Does It Cost to Break a Lease in Virginia?

If you’re trying to leave your rental in Virginia before your lease ends, you’re not alone. Life changes-job moves, health issues, or unexpected financial strain-can force you to walk away from a lease. But what does that actually cost? The answer isn’t simple. It depends on your lease terms, how quickly your landlord finds a new tenant, and whether you follow Virginia’s legal rules. Skip the guesswork. Here’s exactly what you’re up against.

Virginia Law Lets Landlords Try to Re-Rent

Virginia doesn’t let landlords keep your full rent just because you left early. State law requires them to make a reasonable effort to re-rent the property. This is called the duty to mitigate damages. If they don’t try, you might not owe as much as they say.

That means if you break your lease in March and they find a new tenant in April, you only owe rent for March. If they don’t advertise the place or refuse qualified applicants, you could owe nothing after your move-out date.

What Fees Can a Landlord Charge?

Landlords can charge you for:

• Unpaid rent until the unit is re-rented
• Reasonable re-leasing costs (advertising, background checks, cleaning)
• Any damages beyond normal wear and tear

They cannot charge you for:

• Penalty fees written into the lease unless they’re tied to actual losses
• Double-dipping-charging you rent while also collecting rent from a new tenant
• Costs that aren’t documented or reasonable

Some leases include early termination fees-say, two months’ rent. In Virginia, those are only enforceable if they reflect actual losses. Courts have thrown out fees that were pure punishment, not compensation. If your lease says you owe $2,000 just to break it, ask: “What’s this based on?”

Security Deposit: What You Can Get Back

Your security deposit can be used to cover unpaid rent, damages, or cleaning costs. But it can’t be used as a penalty for breaking the lease. If you owe $800 in back rent and the deposit is $1,200, you should get $400 back-assuming no other damages.

Landlords must return your deposit within 45 days after you move out. They must also send you a written itemized list of deductions. If they don’t, you can sue for up to three times the amount wrongfully withheld, plus court costs.

How to Minimize Your Costs

You don’t have to pay more than you legally owe. Here’s how to protect yourself:

1. Give written notice as soon as you know you’re leaving. Virginia doesn’t require a minimum notice period for lease breaks, but giving 30 days is professional and helps your case.
2. Offer to help find a new tenant. Post on Facebook groups, give the landlord a list of qualified people, or host an open house. This proves you’re trying to mitigate their loss.
3. Take photos of the unit before you leave. Document cleanliness and condition. This prevents false damage claims.
4. Get a signed move-out checklist from the landlord. If they won’t sign one, email them a summary: “Per our conversation on [date], we agreed the unit was left in good condition.”
5. Keep records of all communication. Emails, texts, receipts-save everything.

Real-World Example: What It Actually Costs

Sarah signed a 12-month lease for $1,300/month in Richmond. After six months, she got a job offer in North Carolina. She gave her landlord 30 days’ notice and started showing the apartment to potential renters.

Her landlord posted the listing on Zillow and screened two applicants. One moved in two weeks after Sarah left. Sarah owed rent for those two weeks: $867. Her landlord charged $150 for cleaning and $75 for background checks. Total: $1,092.

Sarah’s deposit was $1,300. She got $208 back. She didn’t pay a dime extra. That’s because she helped find the new tenant and kept good records.

When You Might Owe Nothing

There are legal exceptions where you can break a lease without penalty:

• If the rental unit is unsafe or violates health codes (e.g., no heat in winter, mold, broken locks)
• If you’re active military and receive PCS orders
• If you’re a victim of domestic violence and provide documentation
• If the landlord fails to provide essential services like water or electricity for more than 30 days

In these cases, you don’t just have the right to leave-you can sue for damages, get your deposit back in full, and sometimes even recover legal fees.

What Happens If You Just Walk Away?

Skipping out without notice is a bad idea. Landlords can:

• Report the unpaid rent to credit bureaus
• Sue you in small claims court for the remaining rent
• Send the debt to collections

A collection account stays on your credit report for seven years. Even if you owe $500, it can drop your score by 100+ points. That affects your ability to rent again, get a car loan, or even land a job.

One Virginia tenant left without notice in 2024. His landlord sued for $4,200 in unpaid rent. The court ruled the landlord didn’t mitigate damages-they never advertised the unit. The tenant only owed $800. But he still had a judgment on his record for three years.

How to Negotiate a Better Exit

Landlords aren’t villains. They want to fill the unit quickly too. If you’re upfront and cooperative, many will work with you.

Try this script:

“I’m moving on [date] and want to make this as easy as possible. I’ve found three potential tenants who are ready to apply. Can we agree on a reduced fee for breaking the lease-say, one month’s rent-instead of paying until the unit is re-rented?”

Offer to pay for the cost of a new lease agreement or cleaning. Be polite. Be flexible. Many landlords will accept less than the full amount if they know you’re not trying to screw them.

Where to Get Help

If you’re unsure about your rights or your landlord is being unreasonable:

• Call the Virginia Department of Housing and Community Development for free tenant counseling
• Visit your local legal aid office-many offer free help for rental disputes
• Check out the Virginia Tenant’s Rights Handbook (free PDF from DHCD)

You don’t need a lawyer to handle most lease breaks. But knowing your rights prevents overpayment-and protects your credit.

Next Steps: What to Do Right Now

If you’re thinking about breaking your lease:

• Read your lease. Look for early termination clauses and notice requirements.
• Start looking for a new tenant. Use apps like Facebook Marketplace, Craigslist, and local rental groups.
• Write a formal notice to your landlord. State your move-out date and offer to help find a replacement.
• Take photos of the unit. Clean thoroughly. Document everything.
• Call Virginia’s tenant hotline at 804-786-2000 if you’re unsure about your rights.

Breaking a lease isn’t free. But it doesn’t have to be ruinous either. With the right approach, you can walk away with your credit intact and your wallet mostly whole.