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Q: “The Eviction Diversion Program was made permanent in 2025, so any general district court in the Commonwealth could adopt it if they so choose. But I heard it changed this year, what I am concerned about is I don’t want the tenant to miss payments every month and just paying 10% to keep extending their tenancy. Can a tenant do this?”

A: No, your tenant is not legally entitled to just pay 10% every month and keep re-enrolling in the program. While some of the initial requirements to qualify for this program have been removed, § 55.1-1262 provides us with the new requirements. To have the protection of the program, the tenant must: 

1. Appear in court on the first docket call of the case;
2. Pay to the landlord or into the court at least 10 percent of the amount due on the unlawful detainer as amended on the first docket call of the case;
3. Provide sworn testimony that he has income and has sufficient funds to make the payments under the court payment plan, or otherwise has sufficient funds to make such payments;
4. Provide sworn testimony explaining the reasons for being unable to make rental payments as contracted for in the rental agreement;
5. Not owe outstanding rent under any payment plan executed within the last 12 months;
6. Not have defaulted on any rent payment plan executed within the last 12 months; and
7. Has not participated in an eviction diversion program within the last 12 months.

Just based on the requirements, if the tenant is already enrolled in the eviction diversion program they cannot come back to court and re-enroll. If the tenant misses a payment under the program and/or a regular monthly payment, then paragraph E controls. The landlord completes a form stating the tenant missed their payment, submits it to the court, then the court orders possession without any further hearings.  

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