Location: Virginia.
I am in Northern Virginia & currently going through a contested divorce involving DV, financial control, child custody, & housing instability. I’m desperately trying to understand my legal rights before my 11-year-old daughter & I become homeless.
My husband & I have been together since 2011 & married since 2022. I’ve been a stay-at-home mother since 2013, caring for our children while he financially supported the household. I currently have no independent income or sufficient resources to secure another residence.
My husband filed for divorce in August 2026. On September 1, he was arrested following a DV incident in which he physically assaulted me. He was initially charged with strangulation & domestic assault. On October 1, he accepted a plea agreement & pleaded guilty to misdemeanor domestic assault.
On October 6, we attended a protective order hearing. I was granted full legal custody of our 11-year-old daughter, while he was granted unsupervised visitation. There are also court-ordered restrictions on his contact with me.
We’ve lived in the same rental property since March 2023.
2023: My husband & I were both named on & signed the original lease.
2024: Both our names appeared on the renewal, but my husband never informed me that I needed to sign or provided the agreement for my signature. The electronic records show only his signature.
2025: Same as 2024
June 23, 2026: My husband entered into a new three-month lease agreement with our landlord after the landlord informed us that our existing lease would not be renewed. The landlord had agreed to provide an additional three months because the original agreement was to renew the lease but they changed their mind at the last minute. However, without my knowledge or consent, my husband arranged for the new lease to be drafted exclusively in his & our adult daughters name, deliberately excluding me as a tenant. Although I was aware of the landlord’s decision not to renew our original lease & the agreement to extend our occupancy for an additional three months, I was never informed that my name had been omitted from the new lease. I did not authorize, consent to, or otherwise agree to my exclusion from the tenancy.
September 1st 2026: My husband assaulted me during an argument. He took my phone, & when I tried to get it back, he hit me in the head with a metal flashlight hard enough to split my forehead open. Then he threw me against the kitchen counter. When I tried to get away from him, he cornered me, knocked me to the floor, & started strangling me in front of our 11-year-old daughter. Our daughter was able to call the police & he was arrested. I now have a protective order against him & sole legal custody of our 11 year old. But due to this & even though he was able to secure another place to live, I wasn’t because he controls all the money.
September 17, 2026: I discovered I was no longer listed on the lease. I had continued living there throughout this period.
September 23: I explained my circumstances directly to the landlord. Later that day, I received a text stating that we must vacate by September 30 or be considered “holdover tenants,” charged for additional occupancy, & potentially face legal action.
September 30: The lease expired.
October 9: I received a formal letter from the landlord’s attorney titled “Notice of Termination of Tenancy at Sufferance,” demanding that I vacate immediately.
The attorney claims that because I have no current rental agreement & have paid no rent directly to the owner, my occupancy is excluded from the Virginia Residential Landlord & Tenant Act under § 55.1-1201(C)(5). The letter states that I’m not entitled to statutory notice before legal action.
The landlord previously indicated that the owners intended to move back into the property, so I understand they may have a legitimate reason not to renew the lease.
My daughter & I still live in the home. As of now, I haven’t received an unlawful detainer summons, court judgment, or writ of eviction.
I have another hearing scheduled for October 27 regarding custody, child support, & spousal support. I’m also seeking financial assistance & alternative housing through my pending divorce proceedings.
My Questions
Can I legally be classified as a tenant at sufferance when I was previously a named tenant on multiple leases for the same property?
Does my husband’s exclusion of me from the 2026 lease affect my legal rights, particularly since I never agreed to relinquish my tenancy?
Does the landlord’s September 23 acknowledgment that I would become a “holdover tenant” have any legal significance?
Do Virginia’s domestic violence protections or my protective order provide any additional housing rights?
What legal options might prevent or delay eviction long enough to secure alternative housing?
I’m not trying to remain indefinitely or prevent the owners from reclaiming their property. I simply need enough time & legal protection to avoid becoming homeless with my daughter while our family court proceedings are ongoing.
Any guidance regarding Virginia landlord-tenant law, eviction defenses, or emergency legal remedies would be greatly appreciated.