Cal. Civ. Code § 55.1-1236

Early termination of rental agreements by victims of family abuse, sexual abuse or other criminal sexual assault, or stalking.

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026VirginiaState Survivor Laws

Operative Text

Cal. Civ. Code § 55.1-1236
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 other criminal sexual assault under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, (iii) stalking in violation of § 18.2-60.3 , or (iv) trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 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 § 16.1-253.1 or 16.1-279.1 during the term of an active and current rental agreement 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 preliminary protective order pursuant to § 19.2-152.9 or a permanent protective order pursuant to § 19.2-152.10 during the term of an active and current rental agreement 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, or a magistrate, law-enforcement agency, grand jury, special grand jury, or court has issued a warrant, summons, information, or indictment charging a person with, 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 , family abuse as defined by § 16.1-228 , stalking in violation of § 18.2-60.3 , or trafficking in violation of Article 3 (§ 18.2-344 et seq.) of Chapter 8 of Title 18.2 against the victim during the term of an active and current rental agreement 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 28 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, warrant, summons, information, or indictment.
C. The rent shall be payable at such time as would otherwise have been required by the terms of the rental agreement through the effective date of the termination as provided in subsection B.
D. The landlord may not charge any liquidated damages.
E. The victim's obligations as a tenant under § 55.1-1227 shall continue through the effective date of the termination as provided in subsection B. Any co-tenants on the lease with the victim shall remain responsible for the rent for the balance of the term of the rental agreement. If the perpetrator is the remaining sole tenant obligated on the rental agreement, the landlord may terminate the rental agreement and collect actual damages for such termination against the perpetrator pursuant to § 55.1-1251 .
Source: Legislative text reproduced verbatim
Plain English

Virginia Code § 55.1-1236 allows tenants who are victims of family abuse, sexual abuse, criminal sexual assault, stalking, or trafficking to end their rental agreements early under specific legal conditions. To qualify, the tenant must have a qualifying protective order or a court conviction or criminal charge against the perpetrator, and must serve the landlord written notice at least 28 days before the intended termination date. The tenant remains responsible for rent and general tenancy obligations through that 28-day period, but the landlord is prohibited from charging liquidated damages for the early exit.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Va. Code § 55.1-1236, a compliant landlord accepts a qualifying tenant's written termination notice along with the required supporting documentation—such as a protective order or conviction record—without imposing liquidated damages or early-termination fees. Operators generally continue collecting rent only through the 28-day notice period and then release the qualifying victim-tenant from further lease obligations. If a perpetrator remains as the sole tenant on the lease after the victim departs, the landlord has the option to terminate that remaining tenancy and pursue actual damages against the perpetrator under § 55.1-1251.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Va. Code § 55.1-1236 gives tenants who are victims of qualifying offenses—including family abuse, sexual assault, stalking, or trafficking—a legal right to exit a lease early without paying liquidated damages, provided they meet the documentation and notice requirements. A tenant exercising this right generally serves the landlord a written termination notice with a copy of the relevant protective order, conviction, or criminal charge, and remains responsible for rent only through the 28-day notice period. Tenants seeking to understand whether their situation qualifies under this provision may benefit from contacting a local tenant-rights organization or legal aid office familiar with Virginia housing law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
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Related Rules

§ 23
Definitions applicable to Secs. 23 to 29
§ 24
Termination of rental agreement or tenancy by victim of domestic violence, rape, sexual assault or stalking
§ 29
Owner immunity from liability

Source Information

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