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Domestic Violence and Your Housing in Virginia

Read this in: Español

Author: Phil Storey

If you or your children are in immediate danger, call 911. The Virginia Sexual and Domestic Violence Hotline is available any time, day or night: call 800-838-8238 or you can chat or text with someone.

If you are dealing with abuse or threats from someone in your household, a court can order the abuser to leave your home — even if their name is on the lease — and make them stop contacting you. You do not need a lawyer to get this help, and there is no cost to file.

This kind of protection comes through a protective order. Read more: Domestic Violence and Protective Orders in Virginia

What if I need to change the lease into my name?

There is a specific process for survivors of domestic or sexual violence who want to stay in their home after the abuser is removed, but whose names aren’t on the lease.

Here is how it works.

  1. You must first have a final Protective Order from a judge. The Order must give you exclusive possession of the home and require the abuser to stay away.
  2. Once you have that Order, give a copy to your landlord and submit an application to become a tenant within 10 days of the Order being issued.
  3. If the landlord rejects your application, they must give you written notice. You then have 30 days from that notice to move out.
  4. If you do not apply within 10 days, or do not give the landlord a copy of the Order, you must move out no later than 30 days after the Order was issued.

Important: Contact legal aid before you take any steps to make sure you do this correctly. Visit virginialawhelp.org/get-legal-help or call 866-LEGLAID (866-534-5243).

Can I break my lease because of domestic violence?

If you have a preliminary or final protective order, or if your abuser has been charged or convicted of certain crimes, you may be able to end your lease early. There are a few hoops you’ll have to jump through, and you’ll need to confirm you meet the eligibility requirements. You should definitely get help from a legal aid lawyer to make sure you take all the right steps.

What if I need to leave my home?

Leaving can be complicated, especially if you share a lease, have children, or have property in the home. The court can help make it safer. A judge can order the abuser to give you access to the home to collect your belongings, or give you temporary possession of a car or other property.

If your name is on the lease and you need to end it, Virginia allows you to terminate early with 30 days' notice to your landlord once you have a protective order.

Read more: Leaving Your Home Safely During Domestic Violence

My situation is complicated. What can I do?

Some situations need extra help. Talk to a legal aid lawyer or advocate if:

  • You have immigration concerns
  • You are worried about your address being found
  • If your landlord is threatening to evict you because of the abuse

Find legal help