Virginia Eviction Restrictions Still in Place After Federal Eviction Ban Lifted

What protections are in place now tenants who cannot pay rent right now in Virginia?

In the 2021 Special Session, the Virginia General Assembly approved language that continues restrictions on evictions until June 30, 2022.

In Virginia, landlords may not take action or terminate a lease to gain possession due to nonpayment of rent from an eligible tenant except under certain circumstances. Eligible tenant meaning one that:

• Qualified for unemployment,

• Had a reduction in household income,

• Has had significant costs, or

• Went through other financial hardship during or because of the coronavirus pandemic.

Landlords may end a lease/pursue possession even against an eligible tenant for nonpayment of rent as long as the landlord provides formal written notice of several items.

Including: providing the website address (https://www.dhcd.virginia.gov/rmrp) and statewide information telephone number (211) for the program, and informing them of the Virginia Rent Relief Program.

The landlord also has a bit of a to do list, including applying for rental assistance on behalf of the tenant within 14 days of sending the notice unless the tenant pays in full, enters into a payment plan, or notifies the landlord that they have applied for rental assistance and waiting 45 days to get approval from the rental assistance program.

So there is a bit of a to do list. This gives the situation a bit of a checks and balances needed as people get back on their feet after the struggle from Covid everyone has endured. The idea behind this Virginia resolution seems to be creating a smooth translation for renters to get back on track, while allowing property owners a means to recoup losses and move forward as well.

More information for the National Association of REALTORS®