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Q: “I have two tenants, one of them wants to terminate early because they are a victim of family abuse. They qualify under the statute (§55.1-1236). The issue I have is that the sole remaining tenant will be the perpetrator, and I want to terminate, but don’t know which notice to provide.” 

A. The relevant statute for early termination of rental agreements by the landlord against the perpetrator is55.1-1236(E). However, you may notice that it is not clear when the termination takes effect. We must look for the answer in § 55.1-1245. (Effective until July 1, 2027) Noncompliance with rental agreement; monetary penalty.

55.1-1245(C) reads:

[…] Notwithstanding anything to the contrary, when a breach of the tenant’s obligations under this chapter or the rental agreement involves or constitutes a criminal or a willful act that is not remediable and that poses a threat to health or safety, the landlord may terminate the rental agreement immediately and proceed to obtain possession of the premises. For purposes of this subsection […] any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, by the tenant, an authorized occupant, or a guest or invitee of the tenant shall constitute an immediate non-remediable violation for which the landlord may proceed to terminate the tenancy without the necessity of waiting for a conviction of any criminal offense that may arise out of the same actions. […]

55.1-1245(C) makes it clear that the termination can be immediate if the acts occurred within the property. If done under a non-remediable violation due to posing a threat to health or safety and the perpetrator does not move out you can get a hearing for possession within 15 calendar days of serving them notice of termination. If the acts did not occur in the property, then the victim’s termination can terminate the lease for the remaining tenant.  

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