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1. How long do I have before my landlord can evict me?

The only way for a tenant to be evicted is through the court process. A landlord does not have the right to discard your possessions or illegal lock you out without first taking you to court.

The first step in the process is notification. Your landlord must notify you in writing of any breach in your lease.

1. Five Day Notice: Your landlord or property management company must first issue you a 5-day notice if you are behind in rent. If you are not able to pay rent within the 5-day notification period, your landlord can start the eviction process (Va. Code Ann. § 55.1-1245F)  
2. Thirty Day Notice to Cure or Quit: If you have committed a lease violation that is remediable such as having an unauthorized pet, the landlord may issue you a 21/30 notice to mitigate and cure the offense. If the tenant has not mitigated the violation within the 21 days, the landlord can then move forward with filing the eviction lawsuit at the end of 30 days. Va. Code Ann. § 55.1-1245A .
3. Thirty Day Unconditional Quit Notice: If you violate a lease or rental agreement and the violation cannot be remedied (such as causing major damage to the rental unit), then the landlord can give you a 30-day unconditional quit notice. The notice must specify the breach and state that you (tenant) must move at the end of the 30-day period, or the landlord will file an eviction lawsuit against you. Va. Code Ann. § 55.1-1245C .
4. No Notice Necessary: The landlord is not required to give the tenant any kind of notice, if you commit a criminal or willful act that is not remediable and poses a threat to health or safety. This includes any illegal drug activity. The landlord can go straight to court and file an eviction lawsuit against you. Va. Code Ann. § 55.1-1245C

2. Do I need show up for my court date?

If you have a court hearing, it is essential that you appear in court. If you do not appear in court, your landlord will automatically be granted possession of your residence.  

3. What are my rights as a renter?

Starting July 1, 2021, all landlords must provide tenants with a Statement of Tenant Right and Responsibilities developed by the Virginia Department of Housing and Community Development and posted on its website (dhcd.virginia.gov/landlord-tenant-resources) pursuant to Section §36-139 Code of Virginia

1. Tenant Rights Applications: Tenants may be charged a nonrefundable application fee of no more than $50 (not including third party costs for a background check) and a refundable application deposit. If the tenant does not rent the unit, the application deposit must be returned, minus any actual costs or damages. (§55.1-1203)
2. Written Lease: Under the VRLTA, a landlord is required to provide a tenant a written lease. If a landlord fails to do so, the VRLTA still protects a tenant by establishing a statutory lease between landlord and tenant for 12 months not subject to automatic renewal. (§55.1-1204) 
3. Disclosure: A landlord must reveal certain information to the tenant, including any visible evidence of mold (§55.1-1215), the name and address of the owner or property manager (§55.1-1216) and notice of sale or foreclosure of the property. (§§55.1-1216, 1237). 
4. Security Deposit: A landlord may require a security deposit of up to two month’s rent. Within five days of move-in, the tenant has a right to object to anything in the move-in report. The tenant also has a right to be present at a move-out inspection, which must be made within 72 hours of delivery of possession. (§§55.1-1214, 1226) 
5. Receipts: Upon request, a tenant is entitled to a written receipt of rent paid by cash or money order. Upon request, a tenant is entitled to a written statement of all charges and payments over the past 12 months. (§55.1-1204(D), (I)) 
6. Privacy: A landlord may not release information about a tenant without consent, except under certain conditions, which are generally when tenant information is already public. (§55.1-1209)
7. Fit and Habitable Premises: A tenant has the right to a fit and habitable rental unit in accordance with the Uniform Statewide Building Code. The landlord must make all repairs needed to keep premises fit and habitable. (§55.1-1220) To enforce the right to get repairs, a tenant must be current in rent, give the landlord written notice and wait a reasonable period. If repairs are not made, a tenant can file a Tenant’s Assertion in General District Court. This must be filed no later than five days after rent is due. There is no rent withholding in Virginia, except under repair and deduct. (§55.1-1244) 
8. Repair and Deduct: If an issue on the property affects life, health, safety, or seriously affects habitability, and a landlord has not begun to address it within 14 days after written notice from the tenant, the tenant may contract to have the repair done by a licensed contractor at a cost of not more than $1,500, or one month’s rent, whichever is more. The tenant may deduct the actual cost of the repair from the rent. The tenant must send the landlord an itemized invoice and a receipt for payment to the contractor for the work, along with any payment of remaining rent owed. (§55.1-1244.1) 
9. Eviction: A landlord may not evict a tenant without following the court eviction process. The landlord first sends a written notice and next the landlord files an unlawful detainer lawsuit. The landlord must get a court order of possession, followed by a Writ of Eviction that is served by the Sheriff. (§§55.1-1245, 1252). A tenant not getting paid due to a federal shutdown of 14 or more days can get an eviction lawsuit for nonpayment of rent postponed for 60 days. (§44-209) 
10. Redemption (Pay & Stay): After an unlawful detainer lawsuit for nonpayment of rent is filed, a tenant has the right to pay to a zero balance on or before the court date and have the lawsuit dismissed. After a court issues a judgment of possession, a tenant has the right to pay to a zero balance up to two business days before the Sheriff’s eviction and have the eviction cancelled. A tenant may use one of these rights only once in a 12-month period. (§55.1-1250) 
11. Fair Housing: The tenant may have a right to file a fair housing complaint if the landlord or property manager violates the Virginia Fair Housing Act. (§36-96.1 et seq)
12. COVID-19 Relief: A tenant not getting paid due to the state of emergency declared by the Governor for the COVID-19 virus can get an eviction lawsuit for nonpayment of rent postponed for 60 days by showing up on their court date and providing written proof within 90 days after the Governor’s ends the declaration of emergency. (§44-209) 

4. Can my landlord just kick me out now?

Currently, the CDC has extended the Eviction Moratorium until October 3, 2021, for those areas with a high risk of transmission. However, the eviction moratorium is only in regard to individuals and families who are unable to pay rent due to COVID-19 related reasons. Landlords can still move forward with filing evictions if a tenant has committed non-remediable lease violations. If you are unable to pay your rent and live in a high COVID-19 transmission rate, please download the CDC Eviction Moratorium Declaration form and submit it to your landlord or property management company right away.  Landlords can also issue notices of non-renewal before your lease is set to expire. The timeframe for non-renewal notification is contingent upon your lease. However, your landlord cannot arbitrarily “kick” you out without going through the legal process.

5. What should I do if my landlord tries to illegally lock me out of my rental?

It is against the law for your landlord to illegally lock you out of your home, turn off vital utility services, or deny or restrict access to services on the premises such as the pool, workout room, laundry room, etc. If your landlord conducts any of these “self-help eviction” practices, please go to the General District Court (1250 St. Paul’s Blvd, Norfolk, VA) and file the following petition at the clerk’s office: Tenant's remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe VA Code 55.1-1243.1. The tenant must have the name and the physical address, not a P.O. Box or Route Number, of the landlord or property manager for a warrant to appear in court is served upon the offending party. This petition is usually placed on the court docket within five (5) days.    

6. Can I negotiate with my landlord to avoid eviction and catch up on the past-due rent?

Yes! Renters should always communicate with their landlord or property management company if they are faced with the inability to pay rent. Landlords and property management companies that own more than four (4) rental properties cannot move forward with an eviction without offering up to 6 months for a repayment plan. Also, while the CDC Eviction Moratorium is still in effect, download the CDC Eviction Moratorium Declaration Form and submit it to your landlord or property manager without delay. For complete details of your protections and responsibilities of you and your landlord, visit the Virginia Department of Housing and Community Development at www.dhcd.virginia.gov.

7. What bills should I pay if I can’t afford all my expenses?

Residents who are experiencing financial and/ or employment hardships may contact community resources for free budget and financial counseling such as BankOn Hampton Roads via email info@bankonhr.org or 757.943.9652; Norfolk Works Program at 757.763.6064 for employment and job readiness opportunities; Rent Ready Norfolk Renting Smart Academy to enroll in Renters Education Classes via email Rentready@norfolk.gov or 757.664.RENT(7368); or Resources757.Org to receive assistance for additional services.

8. I need help, but don’t know where to go. Where do I start?

• Regional Housing Crisis Hotline: 757.587. 4202. Call if you are experiencing homelessness or received an Unlawful Detainer or Eviction Notice
• Eviction Prevention Assistance: 757.664.RENT (7368). Press # 2. This program provides rental and utilities assistance to low-income families with dependent children.
• Simply dial 211 on your phone and ask for a listing of community resources.     

9. What additional resources are available?

• Legal Aid of Southeastern Virginia : 757.627.5423 
• The Virginia Fair Housing Office:(804) 367-8530 Toll Free: (888) 551-3247 TDD: 711 (Virginia Relay) Email: FairHousing@dpor.virginia.gov http://www.dpor.virginia.gov
• The Virginia Poverty Law Center: 804-782-9430
• Eviction Legal Helpline: 1-833-NoEvict. This hotline provides services for tenants in the process of being evicted or at risk of eviction. 
• Stay Home Virginia: Stay Home Virginia is a site supported by Virginia Housing and provides information and resources for landlords, tenants, and homeowners impacted by the COVID-19 pandemic
• Virginia Rent Relief Program: Designed to support and ensure housing stability across the commonwealth during the coronavirus pandemic