Eviction Diversion

If you have lost income due to COVID-19, you may be able to get a 60-day delay for your eviction case.

Information provided by Virginia Poverty Law Center

In April 2020, Virginia passed emergency measures to help tenants who have lost income during the COVID-19 emergency and are being sued for eviction based on unpaid rent. Because of that, many tenants may be able to get a 60-day delay in their court case.

You may be eligible to delay your eviction case by 60 days if you meet both of the following requirements:

  • Did you lose income between March 12 and June 10, 2020?
  • Do you have a first court date for an eviction case (and “unlawful detainer”) scheduled for September 10 or earlier?

If both of the above are true, to get the 60-day delay you must:

  1. Show up to your first court date
  2. Bring written proof that you lost income between March 12 and June 10
    • A paystub showing zero dollars in earnings
    • A furlough notification letter from your employer
    • An ‘essential employee status letter’ stating that you were ‘nonessential’
    • A signed affidavit by you stating that you lost wages during this period due to the COVID-19 emergency. VPLC offers an affidavit form, attached on page 2, that you can print and complete to take to court with you if you do not have other proof.
  3. Ask the judge for a 60-day “continuance”

Other laws that may protect you from eviction during this crisis:

Depending on your situation or the property you live in, you may be eligible for other protections from eviction. For example, if you live in federally subsidized housing or in a property with a federally backed mortgage, the federal CARES Act protects you from eviction for unpaid rent until August 25.

For free information and legal advice from an attorney about your case, call the Eviction Legal Helpline (833-NoEvict) or your legal aid office (866-LEGLAID).