No, landlords in Virginia are currently prohibited from evicting tenants during the coronavirus pandemic. The federal government has enacted a nationwide eviction moratorium through March 31, 2021, providing protection for tenants who are struggling to pay rent due to the economic impact of the pandemic.
The eviction moratorium applies to any property with a federally-backed mortgage, as well as properties covered by the CARES Act. In addition, Virginia Governor Ralph Northam issued an executive order halting all eviction proceedings until at least March 7, 2021. This moratorium can be extended by the governor if deemed necessary.
While the moratorium provides temporary relief for tenants, it is crucial for both landlords and tenants to communicate openly and work together during this challenging time. Landlords should be willing to negotiate payment plans or other solutions to help tenants stay in their homes, while tenants should make every effort to pay their rent on time or seek rental assistance if needed.
If you are a tenant in Virginia facing eviction during the coronavirus pandemic, it is important to know your rights and seek legal assistance if necessary. The following FAQs address common questions related to landlord-tenant issues during the pandemic.
1. Can a landlord still charge late fees during the eviction moratorium in Virginia?
While the eviction moratorium prohibits landlords from evicting tenants for non-payment of rent, they are still allowed to charge late fees for rent payments that are overdue.
2. Can a landlord start the eviction process during the moratorium in Virginia?
Landlords are prohibited from starting the eviction process, including serving eviction notices or filing eviction lawsuits, during the moratorium period.
3. Can a landlord evict a tenant for reasons other than non-payment of rent during the moratorium in Virginia?
Landlords are not allowed to evict tenants for reasons other than non-payment of rent during the eviction moratorium. This includes evictions for violations of the lease agreement or other issues unrelated to rent payments.
4. Can a landlord refuse to renew a lease during the eviction moratorium in Virginia?
While landlords have the right to choose not to renew a lease for any reason, they cannot do so as a form of retaliation against a tenant who is protected by the eviction moratorium.
5. Can a landlord still conduct property inspections or repairs during the eviction moratorium in Virginia?
Landlords are still allowed to conduct necessary property inspections and repairs during the eviction moratorium, as long as they follow proper health and safety protocols.
6. Can a landlord increase rent during the eviction moratorium in Virginia?
Landlords are not prohibited from increasing rent during the eviction moratorium, but they should consider the financial challenges tenants may be facing before making any rent adjustments.
7. Can a landlord withhold security deposit due to missed rent payments during the eviction moratorium in Virginia?
Landlords are not allowed to withhold a tenant’s security deposit as a form of payment for missed rent payments during the eviction moratorium. The security deposit should only be used for damages beyond normal wear and tear.
8. Can a tenant be evicted once the moratorium is lifted in Virginia?
Once the eviction moratorium is lifted, landlords may resume the eviction process for tenants who have not paid their rent. It is important for tenants to work with their landlords to find a solution before the moratorium expires.
9. Can a tenant break a lease early due to financial hardship during the eviction moratorium in Virginia?
Tenants who are facing financial hardship due to the pandemic may have the option to break their lease early, depending on the terms of their lease agreement and the specific circumstances of their situation.
10. Can a tenant withhold rent if the property is not properly maintained during the eviction moratorium in Virginia?
Tenants are generally not allowed to withhold rent for maintenance issues, even during the eviction moratorium. Instead, tenants should notify their landlord in writing of any necessary repairs and give them a reasonable amount of time to address the issue.
11. Can a tenant be evicted if they have a valid lease agreement in place during the eviction moratorium in Virginia?
Even if a tenant has a valid lease agreement in place, they can still be evicted for non-payment of rent once the eviction moratorium expires. It is important for tenants to stay current on their rent payments to avoid eviction.
12. Can a landlord refuse to accept rental assistance payments during the eviction moratorium in Virginia?
Landlords are generally not allowed to refuse rental assistance payments from tenants who are struggling to pay their rent during the eviction moratorium. Accepting these payments can help both landlords and tenants during this challenging time.