lease (tenant, documentation, legal, landlord)

[lisamakayla]

I live in Virginia and I got into a lease with my boyfriend which is the father of my two daughters. Things have not been working out there is emotional and verbal abuse going on. He refuses to leave, so I was going to take my children and leave. How do I get off the lease? I have talked to the landlord and the courts but I keep getting the run around and cant figure out what to do.

[KonaKat]

Tell the LL in writing what you want, and why without including too much personal information and drama. Include reports of police calls or a TRO if you have those. Do you want to be released from the lease ? Say so. First, I would consult an attorney about all your options at this point.

[STT Resident]

Some states have enacted provisions to enable a victim of domestic violence and harassment to be removed from a lease. You can see if your state has such provisions by googling, "(your state) landlord tenant laws domestic violence". You say the abuse has been "emotional and verbal" but apparently not physical and unless you have police reports to back up the claims of abuse it might be a very hard thing to prove. Good luck but you might want to check with your local Legal Aid office or Bar Association to see what options you have.

[virgode]

If you need an attorney, you should contact the Virginia Lawyer Referral Service at 800.552.7977 or 804.775.0808 and ask for an attorney with expertise in landlord-tenant issues.If you believe you cannot afford an attorney, you should contact the Virginia Legal Aid Society at 434.528.4722 or toll-free at 1-866-534-5243 for your local legal aid

http://www.vdacs.virginia.gov/consumers/f-landlord.shtml (broken link)

http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDFs/Landlord_Tenant_Handbook.pdfD (broken link).

If the tenant is a victim of family abuse as defined in § 16.1-228 that occurred in thedwelling unit or on the premises and the perpetrator is barred from the dwelling unitpursuant to § 55-248.31:01 based upon information provided by the tenant to thelandlord, or by a protective order from a court of competent jurisdiction pursuant to §16.1-253.1, 16.1-279.1, or subsection B of § 20-103, the lease shall not terminate duesolely to an act of family abuse against the tenant. However, these provisions shall not beapplicable if (i) the tenant fails to provide written documentation corroborating thetenant's status as a victim of family abuse and the exclusion from the dwelling unit of the34perpetrator no later than 21 days from the alleged offense or (ii) the perpetrator returns tothe dwelling unit or the premises, in violation of a bar notice, and the tenant failspromptly to notify the landlord within 24 hours thereafter that the perpetrator hasreturned to the dwelling unit or the premises, unless the tenant proves by a preponderanceof the evidence that the tenant had no actual knowledge that the perpetrator violated thebar notice, or it was not possible for the tenant to notify the landlord within 24 hours, inwhich case the tenant shall promptly notify the landlord, but in no event more than 7 daysthereafter. If the provisions of this subsection are not applicable, the tenant shall remainresponsible for the acts of the other co-tenants, authorized occupants or guests or inviteespursuant to § 55-248.16, and is subject to termination of the tenancy pursuant to the leaseand this chapter.E. If the tenant has been served with a prior written notice which required the tenant toremedy a breach, and the tenant remedied such breach, where the tenant intentionally