The pandemic has brought with it lots of uncertainty in pretty much every aspect of our lives since March of 2020. A lot of that uncertainty for you as property managers has come in the shifting rules and regulations regarding evictions for the nonpayment of rent. With several state and federal programs having come and gone, we thought it would be helpful to provide you with an update on the current state of eviction restrictions in Virginia.
As you may have seen, the Supreme Court struck down the CDC eviction moratorium on August 26, 2021. The Court had previously struck down a broader moratorium, after which the Biden administration attempted to draft a more narrowly tailored moratorium that only applied to areas with High or Substantial levels of COVID transmission. However, the court found that even with those changes, the moratorium exceeded the authority of the CDC. With that, the federal eviction protections that had been in place were wiped away.
In Virginia, though, state law is still in place that will provide some substantial protections for tenants while still allowing for landlords to receive compensation. The current Virginia law requires that all landlords must provide tenants with a 14-day notice when tenants have failed to pay rent. The notice must provide tenants with information regarding the various ways that tenants can obtain rent relief funds from the state, and it must also include contact information for Legal Aid. Large landlords (those with five or more properties in Virginia) must provide tenants with the opportunity to enter into a payment plan to catch up on past-due rent.
If the tenant has not applied for rent relief, the landlord or property manager must apply for rental assistance on behalf of the tenant within 14 days of sending the notice unless the tenant pays in full, enter into a payment plan, or notify the landlord that they have applied for rental assistance. If the tenant has applied for rent relief, the landlord must fully cooperate with that process.
These laws and regulations could change, so for the most up-to-date information on evictions make sure to go to our website.
*Information as of 09/15/21