Virginia has long had one of the most aggressive eviction statutes in the country. Those who fall behind on their rent are often at risk of losing their residences within days of missing a payment. Their landlords can also hold them accountable for both late fees and attorney costs, as well as court costs, which can increase the burden on those already struggling to cover their rent.
Virginia lawmakers recently enacted a new bill, HB15, which significantly revises the existing “Pay or Quit” law. This revision to the existing law can offer tenants a chance to correct past-due rent payments.
What did the law change?
The passage of HB15 increases the time that tenants have to pay their past-due rent and bring their leases back into good standing. Previously, landlords who provided written notice about late payments could evict a tenant after as little as five days.
The newly-modified statute increases that timeline for paying past due rent to 14 days. Giving tenants two weeks instead of one business week to catch up on late rent and avoid eviction is a potentially effective, compassionate policy that can help people avoid costly evictions that may limit their rental housing opportunities in the future.
What is the eviction process?
Evictions begin with the landlord providing written notice about late payments or other issues. When the concern is a breach of the lease, the tenant typically has 30 days to vacate. If the issue is a failure to pay rent, they have 14 days to pay or quit.
If the tenant corrects the lease violation or pays their past-due rent, the eviction process halts. If they have not addressed the issue, then the landlord can take a copy of the notice to civil court to request an unlawful detainer.
During the court date, both the landlord and the tenant have the opportunity to present evidence about the situation. If the courts rule in the landlord’s favor, they can then work with the Sheriff’s Office to serve and evict the tenant. Tenants usually only have 10 days after a hearing to appeal. The Sheriff’s Office schedules the eviction, provides the tenant with 72 hours of advance notice and then returns to finalize the eviction.
Tenants dealing with unlawful evictions and other disputes may need guidance addressing the issue. Reviewing payment history and lease paperwork with an attorney can help people assert their rights under the law and avoid unnecessary or unfair evictions.