Landlord Entered Apartment Twice Without Permission - Want to Terminate Lease

Location: Virginia. Fairfax County specifically.

My lease contract is supposed to terminate at the end of February 2026.

In April of this year, I submitted a maintenance request for an issue in my apartment (owned by a corporate landlord), using the apartment complex's maintenance request form. This form has a box asking "Permission to Enter". I explicitly selected "No", and under "Access Instructions", I wrote "please contact me at" and then my phone number.

Despite this, the next day, a maintenance technician entered my apartment while I was out, and they addressed the maintenance issue. I went to my apartment complex's office, and they basically brushed off the issue, saying it was a mistake and that they would add a note to my account to prevent it from happening again.

Not long after, in June, I came back to my apartment to find a note left on my door, saying that the same agent as before had entered my apartment on accident, getting it mixed up with a different building. I went to the complex's office that same day, and at the time, I was told there was no note on my account, that it was an accident, and they would do nothing.

I filed a complaint with the local county (Fairfax County) consumer complaint division, and in the end, I stated I was willing to "settle the matter" if I got a check for $250. They eventually agreed, and I waited over a month for a check in the mail. I never got anything, and after a month of waiting, I went into the office again, where they blamed the mail, and I agreed, orally, to take the credit as applied to my account for future rent. I never signed any document releasing them from liability.

More recently, in October, I finally secured alternative housing, and I am seeking to terminate my lease. This is pursuant to § 55.1-1210. Landlord and tenant remedies for abuse of access, which states

If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney fees.

My lease normally charges a two month penalty for terminating the lease early, but my searches says that this statute allows a person to terminate without penalty.

I feel like it should apply in my situation, but my landlord is refusing, saying it doesn't apply. Does anyone have an opinion?