For many Arlington property owners, renting out a home or condo isn’t a permanent decision. Whether you're deployed overseas, working on a temporary assignment, or relocating with plans to return, you may face the unique challenge of managing a rental with the expectation of moving back in. So how do you protect your future housing needs while staying compliant with Virginia landlord-tenant law?

At Arlington Abodes Property Management, we regularly work with military families, Foreign Service officers, and federal employees in exactly this situation. Here's how to structure a lease and manage tenant expectations when there's a chance you'll need your property back before the lease ends.

1. Fixed-Term Leases vs. Month-to-Month: What Works Best?

Fixed-term leases (e.g., 12 months) offer the most protection for both parties. Once signed, you cannot unilaterally end the lease early just because you want to move back in. However, this also gives you predictable cash flow and stability.

Month-to-month leases offer more flexibility if your return date is uncertain. In Virginia, landlords must give 30 days' notice to terminate a month-to-month lease without cause. But remember—the tenant can also leave with the same notice. Tip: If you suspect your return date could shift or fall within 12 months, a month-to-month lease might reduce future conflict.

2. Can I Include a "Landlord Move-In" Clause in the Lease?

Yes, but it must be clearly written and mutually agreed upon. A well-drafted clause can state that the lease may be terminated early with advance notice if the landlord plans to reoccupy the property. However:

• Virginia law does not automatically allow early termination for owner reoccupancy.
• You must include specific terms in writing: required notice period (e.g., 60 or 90 days), documentation, and penalties if any.
• Tenants may still push back or negotiate compensation, especially if moving is inconvenient or costly.
• Legal Insight: To enforce this clause, you must follow the lease and VRLTA to the letter. Ambiguity can lead to disputes or legal liability.

3. Honesty Is Key—But So Is Legal Clarity

It’s perfectly okay to tell prospective tenants that you may return. In fact, transparency builds trust. But always pair that conversation with a written lease that clearly outlines what happens if circumstances change.

Avoid vague promises like "we'll figure it out if I come back." Instead, define scenarios like:

• Required written notice of 60+ days for reoccupancy
• Month-to-month conversion after initial term
• Incentives for early move-out (e.g., return of full deposit, relocation assistance)

4. What Happens If I Try to Reclaim the Property Mid-Lease?

Unless you included a legally enforceable clause in the lease, you cannot force a tenant to move before the lease expires without cause (e.g., lease violation, nonpayment). Wanting to return doesn’t qualify as legal grounds for eviction under Virginia law.

If you break the lease early without legal justification, you could be required to:

• Pay the tenant's relocation costs
• Refund rent or deposits
• Cover damages under breach-of-contract laws

5. How a Property Manager Can Help Protect You

When you're managing a lease from out of state (or overseas), you need tight controls, clear documentation, and experience navigating Virginia law. Arlington Abodes can:

• Help you draft reoccupancy clauses compliant with VRLTA
• Recommend the best lease type for your return timeline
• Screen tenants who understand and accept the terms
• Communicate clearly and professionally on your behalf
• Handle all documentation, notices, and tenant transitions

Final Thought: Planning to Return? Plan the Lease Carefully

If there's a chance you'll move back into your Arlington property, it doesn't mean you can't rent it out. It just means your lease needs to be more intentional. Choose the right lease structure, write in protections, and communicate clearly with your tenants from day one.

Better yet, partner with a local property manager who understands how to align your personal timeline with Virginia's landlord-tenant laws.



At Arlington Abodes, we specialize in helping military, government, and relocation clients rent out their homes with flexibility and legal confidence. Contact us to learn how we can support your unique rental situation.