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Landlord Gave Me A Termination Notice, Now Demanding Early Termination Fees Anyway (va)

Location: Richmond, VA

Hey everyone,

I live in Virginia and my landlord recently served me with a Material Noncompliance Notice (under Va. Code § 55.1-1245). The notice was posted on my door and clearly stated that if the alleged lease violation wasn’t cured, my possession would terminate on September 14, 2025.

I decided not to cure and instead comply with their notice meaning I’ll be moving out by that date. This should be a landlord-initiated termination, not me voluntarily breaking the lease.

But now management is sending me emails and letters saying things like:

That I have chosen to vacate
That I’ll owe rent until the unit is re-rented or until the end of my lease in 2026,
And that I have to pay back a $2,055 rent concession.

From what I’ve read in Virginia law, they can’t have it both ways. Once they served a noncompliance notice demanding possession, my move-out is compliance with their termination path not a voluntary lease break. Under VRLTA § 55.1-1245, the lease ends on the termination date in the notice, and those early termination fees/clauses shouldn’t apply.

I have the actual notice, plus an email chain where I keep reiterating that I’m moving out specifically because of the noncompliance notice. So I’ve got a paper trail showing this isn’t voluntary.

Am I correct that since this is landlord-initiated, I do NOT owe rent until re-rented or the rent concession?

submitted by /u/No_Cut4812
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Landlord Gave Me A Termination Notice, Now Demanding Early Termination Fees Anyway (va)

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