We receive a lot of questions on the Legal Hotline about where eviction moratoriums stand and what property managers can to do when they have tenants who are not complying with the lease.

As of February, there are two sets of protections for tenants that overlap: The Centers for Disease Control and Prevention (CDC) Order issued on September 2020 and then extended in December 2020 and January 2021. The CDC Order is currently effective until March 31, 2021, but continue to watch the Virginia REALTORS^® COVID-19 Resources page for any updates. Virginia law, which was passed in November 2020, is effective until the end of the State of Emergency.

The CDC Order is explicit that it does not apply in any state with “a moratorium on residential evictions that provides the same or greater level of public-health protection.” Because Virginia has its own law, it is likely that judges will apply the protections provided for in Virginia law, but it is possible that some judges will follow the CDC order.

Below is a chart to help understand and compare the requirements of the two different protection programs.

Note: Virginia has slightly different requirements for landlords who own (or have a 10% or greater ownership, directly or indirectly in) 5 for more properties subject to a lease in Virginia. These are indicated in the chart as “1-4” for landlords who have four or fewer properties subject to a lease in Virginia and “5+” for landlords who have five or more properties subject to a lease in Virginia.