Cal. Civ. Code § 55.1-1235

Early termination of rental agreement by military personnel.

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026VirginiaRenewal & Non-Renewal

Operative Text

Cal. Civ. Code § 55.1-1235
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; (ii) has received temporary duty orders in excess of three months' duration; (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; (iv) is ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters; or (v) has received a stop movement order in response to a local, national, or global emergency that is effective for an indefinite period or for a period of not less than 30 days and that prevents the service member from occupying the leased dwelling unit for a residential purpose.
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. 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 .
Source: Legislative text reproduced verbatim
Plain English

Virginia Code § 55.1-1235 establishes a right for qualifying military service members—including active-duty Armed Forces personnel and certain National Guard members—to end a residential lease early under specific circumstances, such as receiving permanent change-of-station orders, extended temporary duty orders, discharge from active duty, reassignment to government quarters, or a qualifying stop-movement order. The service member must provide written notice to the landlord at least 30 days after the next rent due date following the notice, along with official documentation of the orders. Landlords are prohibited from charging liquidated damages when a lease is terminated under this provision, though the tenant's general obligations under § 55.1-1227 remain in effect through the termination date.

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

Plain English — not legal advice.

For Property Managers

Under Va. Code § 55.1-1235, landlords who receive a written early-termination notice from a qualifying military tenant are required to accept that termination without imposing liquidated damages or early-termination fees. Compliant operators typically verify that the tenant has provided either official order documentation or a signed confirmation letter from the commanding officer, and they calculate the effective termination date based on the 30-day notice requirement tied to the next rent due date. Even after the termination is accepted, landlords may still hold tenants to the general maintenance and conduct obligations outlined in § 55.1-1227 through the end of the notice period.

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

For Tenants

Va. Code § 55.1-1235 gives qualifying military service members—including those receiving permanent change-of-station orders, extended temporary duty orders, discharge, reassignment to government quarters, or a qualifying stop-movement order—a protected right to exit a lease early without facing liquidated damages. To exercise this right, a tenant generally provides the landlord with written notice specifying the termination date (at least 30 days after the next rent payment comes due) along with a copy of official orders or a commanding officer's confirmation letter. Tenants who believe a landlord has improperly charged fees or refused to honor a valid termination notice may consider reaching out to a military legal assistance office, a tenant-rights organization, or Virginia's court system to explore available remedies.

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

§ 151.29
REGULATION OF LEASES IN MOBILEHOME PARKS
§ 1A
Land or tenements used for residential purposes; action by lessor under this chapter to recover possession; conditions and restrictions
§ 5-12-135
Jackson Park Expanded Fair Notice Pilot Program

Source Information

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