Tenants' Rights: After Jan. 1, 2021 During Governor's Declared State

Tenants’ Rights: After Jan. 1, 2021

During Governor’s Declared State of Emergency Related to the COVID-19 Pandemic (In effect)

Are you late on one or more rent payments? Landlord must do the

following:

• Offer written notice to you of amount due and owed

• You have 14 days to pay the amount due and owed, enter into a payment plan, or make

another payment plan arrangement with your landlord

• The written notice must include information about submitting a signed statement certifying

additional expenses or a loss of income due to the declared state of emergency

• The written notice must also offer the option but not required to enter into a repayment plan

for back due rent

• The payments must be equal payments over the shorter of six months or end of lease term

• Repayment plan cannot include late fees.

• The written notice must have information on the availability of the Virginia Rent and

Mortgage Relief Program and 2-1-1 Virginia.

• The landlord will apply to RMRP on behalf of tenant or cooperate with tenant’s RRP or

other rental assistance application.

Rent Relief Program (RRP)

• If you have applied for rental assistance through RRP, a local govern-

ment program or other assistance program:

• If you do not qualify for RRP or any other federal

or state rent relief program, or there are no longer

funds available from these sources, then the landlord

can proceed with an evictions ling for nonpayment of

rent.

• If you refuse to apply for RRP or any other federal, or state rent

relief program and you are late on rent payments, the landlord can

proceed with an eviction ling for nonpayment rent.

Are you current on your payments?

Landlord may proceed with an eviction ling hearing for other violations of lease but you cannot

be evicted if you make your payments on time.

If your landlord owns less than four units or has less than a 10% interest in four rental dwelling

units or fewer, they don’t need to offer a payment plan on the written notice.

• If you do not receive written approval from RRP or any other

federal, state or local rent relief program within 45 days of

when you submitted a completed application package, the

landlord may proceed with an evictions ling.

• If you apply again for more rental assistance funds and you

do not receive written approval from RRP or any other federal,

state or local rent relief program within 14 days of submission

of a completed application package, the landlord may proceed

with an evictions ling.

dhcd.virginia.gov

This document is not intended as legal advice and is subject to judicial interpretation. Please contact an attorney for legal advice.

Payment Plans and Alternative Payment Arrangements

• If your landlord only owns four or fewer properties, they do not have to offer a payment

plan as an option.

• If you do not enter into a payment plan, pay the amount due and owed or make other

arrangements with your landlord to pay the amount due and owed within 14 days after

receiving a written notice from your landlord for nonpayment of rent, a landlord must do the

following before proceeding with an evictions ling:

• If you enter into a payment plan and do not make any installment required by the plan

within 14 days of the due date, the landlord can proceed with an evictions ling for

nonpayment of rent after they give you written notice. The written notice must tell you:

• The option of entering into a payment plan or alternative payment arrangement may only

be used once during the time period of the rental agreement.

• If you do not qualify for RRP or any other federal or state rent relief

program, or there are no longer funds available from these sources, then

the landlord can proceed with an evictions ling for nonpayment of rent.

Tenants’ Rights: After Jan. 1, 2021

During Governor’s Declared State of Emergency Related to the COVID-19 Pandemic (In effect)

• Give you a written notice with information on the availability of the Virginia Rent

Relief Program (RRP) and 2-1-1 Virginia.

• The landlord will apply to RRP on behalf of tenant or cooperate with tenant’s RRP or

other rental assistance application.

• The landlord has 14 days to apply for rental assistance.

• Offer written notice to you of amount due and owed.

• You have 30 days to pay the amount due and owed, enter into a

payment plan, or make another payment plan arrangement.

• The written notice must include information about submitting a

signed statement certifying additional expenses or a loss of income

due to the declared state of emergency.

• The written notice must also offer the option but not required to enter

into a repayment plan for back due rent.

• The payments must be equal payments over the shorter of six months

or end of lease term.

• Plan cannot include late fees.

• The written notice must have information on the availability of the

Virginia Rent and Mortgage Relief Program and 2-1-1 Virginia:

• The payments must be equal payments over the shorter of six

months or end of lease term.

• Plan cannot include late fees.

• The public housing authority will apply to RRP on behalf of tenant or

cooperate with tenant’s RRP or other rental assistance application.

Check here to see if you are in a unit that is covered by the CARES ACT:

https://public.tableau.com/prole/dan5628#!/vizhome/MoratoriumDatabase5_20/TableViz.

• The landlord’s intention to obtain possession of the premises unless you pay the total

amount due and owed as stated on the notice within 14 days of receipt of the notice.

• Give you a written notice with information on the availability of RRP and 2-1-1 Virgin-

ia.

• The landlord will apply to RRP on behalf of tenant or cooperate with tenant’s RRP or

other rental assistance application.

• The landlord has 14 days to apply for rental assistance.

Public and Private Non-subsidized Housing with

Federally Backed Mortgage

The CARES Act rental payment protections covers properties supported by

HUD, USDA, and Treasury (Low Income Housing Tax Credit), and properties

with federally backed mortgages (e.g., FHA, Fannie Mae, and Freddie Mac).

Your public housing authority or landlord must give you 30 days notice

before proceeding with an evictions ling. They will need to:

dhcd.virginia.gov

This document is not intended as legal advice and is subject to judicial interpretation. Please contact an attorney for legal advice.

Tenants’ Rights: After Jan. 1, 2021

During Governor’s Declared State of Emergency Related to the COVID-19 Pandemic (In effect)

Tenants’ Rights: After Jan. 1, 2021

During Governor’s Declared State of Emergency Related to the COVID-19 Pandemic (In effect)

Credit Reports

If you participate in a repayment plan or receive assistance from

a federal, state or local rent relief program, your account will be

reected as “current” if your landlord reports missed payments to a

credit reporting agency.

• If you lost income due to COVID-19, show up to your court date and

ask the court to delay your eviction case:

• You can ask the court to delay your case for 60 days.

• On your court date, bring written proof that you lost income and ask the

judge for a 60-day continuance. This does not make your case go away, it

simply delays it to give you time to get together any rent money you owe.

• When you receive the written notice, you do not have to leave your unit

immediately.

• Your landlord cannot evict you without a court order, no matter what your

lease says.

• Your landlord cannot cut off your utilities, including water and electricity.

Electric, water and gas utility companies are under a moratorium.

If you do not make rent payments, do no enter into a payment plan or fail to make

payments under a payment plan and receive written notice from the landlord stating

you have 14 days to make a payment and information on rent assistance, a landlord

can proceed with an evictions ling.

Evictions Filing

If you get an evictions lawsuit led against you for nonpayment of rent, there are

some steps to take from recent legislation passed by the General Assembly:

Late Fees

• Late fees are limited to 10% of the monthly rent amount or the

amount of past due rent you owe, whichever amount is less.

• The landlord can only collect late fees if your lease says that you

must pay a late fee when your rent is late.

• If you are on a repayment plan, your landlord cannot collect late

fees.

Federal CDC Eviction Moratorium

To protect public health and slow the spread of COVID-19, in September

2020 the Centers for Disease Control and Prevention (CDC) has issued

an order that protects some residential tenants who have fallen behind

on rent from being evicted. This moratorium is not automatic and there

are steps tenants must take to avoid an eviction.

For more information, please visit:

https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-

declaration.html

dhcd.virginia.gov

This document is not intended as legal advice and is subject to judicial interpretation. Please contact an attorney for legal advice.