Virginia’s Governor Ralph Northam is focused on keeping Virginians in their homes and ensuring people experiencing homelessness are provided shelter. The Governor is focused on the immediate public health need to keep Virginians in their homes and is seeking federal assistance for rent relief for COVID-19-impacted Virginians. The emergency judicial order has halted eviction processes through May 17, and the Governor and General Assembly have passed legislation that caps late fees on rent and provides additional state COVID-19-related protections from evictions and foreclosure. These are short-term protections, as rent will continue to accrue. The key during this unprecedented time is knowing your rights, knowing the housing counseling services available to you, and communicating with your landlord.
If You Can’t Pay Your Rent:
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Know your rights, seek housing counseling assistance and talk to your landlord. If you are unable to pay your rent because of COVID-19, the first thing you should do is know your rights, seek housing counseling resources and then contact your landlord to learn what your options are.
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If you are a Housing Choice Voucher recipient, contact your voucher agency as soon as possible so they can work with you toward a solution. From now until July 24, 2020, if you fall behind on your payment, you will not be charged a late fee or penalty for a missed payment. There will also be no evictions for those who have housing vouchers until July 24, 2020. This does not apply, however, to a tenant who may have violated their lease by damaging the property or other circumstances such as drug abuse.
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Understand the consequences. Even with new evictions being suspended, and even if your landlord allows you to skip one or more payments, the rent will need to be repaid eventually. Once the current crisis has passed, tenants may fall under various state and federal protections, but some property owners may be able to collect full payment or raise your rent to recover missed payments. Be sure to discuss this with your landlord and double-check that advice with a housing counselor or legal representation so you understand any potential future consequences of skipping rental payments now, and the specifics of what protections are available to you.
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Discuss your payment plan options: To avoid having to pay a lump sum payment of your past-due rent, request a payment plan from your landlord and have it spread over a longer period of time. Once you agree on a payment plan, ask for the plan in writing.
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The Virginia Residential Landlord-Tenant Handbook provides guidelines for tenant and landlord rights. For tenants in hotels or motels, if the room or suite has been the tenant’s primary residence for more than 90 days or there is a written lease for at least 90 days, it is illegal for a landlord to evict the tenant without getting a court order and involving the sheriff’s office. The halt on evictions does apply to these types of circumstances. If you are facing eviction, if your landlord attempts to lock you out without taking you to court, or if you have questions about your rights, contact Virginia Legal Aid by calling 1-866-LEGL-AID or get legal advice from the Eviction Legal Helpline by calling 1-833-NoEvict. Please do pay your rent or mortgage if you are able, as these costs will continue to accumulate. The Virginia Poverty Law Center has created a website dedicated to COVID-19 Legal Response in Virginia.
Managing Your Debt:
If you have debt, you should pay it off in the following order, as a general rule:
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Rental payments
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Outstanding utility bills
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Car payments
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Other outstanding debt
