A young couple signed a month to month lease last summer. Both signed the lease. They have 2 preschool kids.

They are not married.

Nice couple, nice kids.

No issues until this week.

Checking on why the February rent was not paid and he texted back saying she is in a mental hospital and he and the kids have a protective order against her.

He said he and the kids will be moving out and they will be gone before she gets out of the hospital.

This is the first time I have had a tenant with a domestic abuse issue.

Can he move out without paying rent? What about utilities?

Does she still have a right to live in the house?

Can I send them a 30 day non renewal notice?

Another question:

If I send a 30 day lease termination notice, does that still apply if she is in a mental hospital?

What about her stuff that is still in the house at the end of the 30 day period?

That's a tough one. I don't know Virginia law but you would probably want to check with a lawyer or at least your local landlord association. If it were me, I would first ask to see the documentation. I'm not so sure any of what was discussed overrides your lease.

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But having said that, obviously when you have a situation of abuse, and kids involved it gets complicated quick. You can't expect same people to continue living there after that has occurred. So why you may have some legal recourse to pursue lost rents if they left in the middle of the lease, a judge may look at that and say the safety of the other residents overrides the lease agreement.

If it were me I would not focus in the mental health side but stay with payment of rent. I would issue the 5-day pay or quit notice asap and try to get my unit back through legal means. Then focus on getting it re-rented and probably write this one off as a loss. I am just shooting from the hip on that, other smarter folks who no more legally will probably chime in here.

That's a tough one. I don't know Virginia law but you would probably want to check with a lawyer or at least your local landlord association. If it were me, I would first ask to see the documentation. I'm not so sure any of what was discussed overrides your lease.

----

But having said that, obviously when you have a situation of abuse, and kids involved it gets complicated quick. You can't expect same people to continue living there after that has occurred. So why you may have some legal recourse to pursue lost rents if they left in the middle of the lease, a judge may look at that and say the safety of the other residents overrides the lease agreement.

If it were me I would not focus in the mental health side but stay with payment of rent. I would issue the 5-day pay or quit notice asap and try to get my unit back through legal means. Then focus on getting it re-rented and probably write this one off as a loss. I am just shooting from the hip on that, other smarter folks who no more legally will probably chime in here.

That's a tough one. I don't know Virginia law but you would probably want to check with a lawyer or at least your local landlord association. If it were me, I would first ask to see the documentation. I'm not so sure any of what was discussed overrides your lease.

----

But having said that, obviously when you have a situation of abuse, and kids involved it gets complicated quick. You can't expect same people to continue living there after that has occurred. So why you may have some legal recourse to pursue lost rents if they left in the middle of the lease, a judge may look at that and say the safety of the other residents overrides the lease agreement.

If it were me I would not focus in the mental health side but stay with payment of rent. I would issue the 5-day pay or quit notice asap and try to get my unit back through legal means. Then focus on getting it re-rented and probably write this one off as a loss. I am just shooting from the hip on that, other smarter folks who no more legally will probably chime in here.

Get proof of the DV order.

Let them go.

I doubt any judge will say that they have to stay there after the DV is on record. Chances are they will get back together, but then it could always happen again.

Talk with him and see what you can work out. Do you have emergency contacts for her? If so maybe contact them and explain that you just want what's best for her so they should come get her stuff.

DV is a legit reason to break a lease, and/or a legit reason to remove someone's access to a property if the victim wants that instead.

Each state has its own Domestic Violence laws with respect to leases. In my state, the victim of domestic abuse (if properly documented) has the right to break the lease without liability. I do not know all of the details and technicalities.

That would leave the accused abuser on the lease, in possession and obligated to pay the rent. In my never humble opinion, the accused is not likely to keep paying the rent. He has attorneys fees, court costs, probably mental health counselor fees, bail bond payment [presumably he had to borrow the bail money and needs to repay his buddies/family],

... Good luck getting the rent!

I'm with Ken on this as well. I would immediately start eviction proceedings and make sure they are BOTH listed. I do believe that that as long as one is served, they both are (or all are) that are listed (at least in my state it is) so regardless of where the other may or may not be... it's served.

Follow your state laws on the eviction process. I wouldn't get tangled up in the DV... stick with the non-payment. If the other one comes back and pays up in time... then make the decision on whether you are going to renew or whatever. You stated they have a month to month so follow whatever one you can get them out as quickly as possible. If it's the eviction route for non-payment, like I said... serve it now.

As WMH said, it is a legitimate reason to move or change locks.

Month-to-month should be pretty straight forward, if he gave 30 days notice.

They recently amended the laws for this situation:

In 2024, Virginia enacted House Bill 764, amending the Virginia Residential Landlord and Tenant Act to enhance protections for victims of domestic violence and sexual abuse. This legislation allows tenants who are victims of family abuse, sexual abuse, or other criminal sexual assault to terminate their rental agreements early under specific conditions.

LEGACYLIS.VIRGINIA.GOV

Key Provisions:

Eligibility for Early Termination: Tenants can terminate their rental agreements if they have obtained a permanent protective order pursuant to § 19.2-152.10. Previously, termination was only permitted if the tenant had a family abuse protective order or if there was a conviction related to the abuse.

LAW.LIS.VIRGINIA.GOV

Notice Requirements: The tenant must provide the landlord with written notice of termination, effective 30 days after the notice is served. Additionally, the tenant must supply a copy of the permanent protective order to the landlord.

LAW.LIS.VIRGINIA.GOV

Financial Obligations: Tenants are responsible for paying rent through the effective date of termination but are not liable for any liquidated damages or penalties for early termination. Co-tenants remain responsible for the rent for the remainder of the lease term.

First of all, definitely check with a lawyer. Anything you have her sign is probably worthless since she's probably not within mental capacity, but if he has Power of Atty or some legal document allowing him to make decisions for her, then I bet he can send you a letter giving final notice for all parties to leave. Ask him to pack up her things and leave too. This would definitely be a cash for keys, and if he turns in the notice, he's terminating, not you. That may be the solution, but of course check with lawyer.

Or, you can persuade him to keep the apt until she moves out, and since he's still on the lease, it's his place and her being there might be a violation of the protective order so best if all leave?

Check with a lawyer and ask about these questions:

Can he give possession back by himself or do you have to have her also give possession? I had this come up last year here with a mother/daughter (daughter was in jail) and found that mom could give possession back on her own.

Does he have a right to leave given that she is in a mental institution thus no longer present? and Can you require him to produce evidence of the PO against her?

If she is in a mental institution, can she legally be served eviction papers? BTW, mental institutions will not divulge if she is there and no one will be able to see her including the process server. So, how do you serve her legal papers?

Bottom line--still responsible for rent as long as they are there but they are able to break a lease without consequences due to DV.