CHECKLIST FOR VIRGINIA EVICTIONS

NOTE: the following requirements apply to residential evictions only.

EVICTIONS BASED ON REASONS OTHER THAN NON-PAYMENT OF RENT

1. If the eviction based on reasons other than non-payment of rent (For ex: 30-day notice to quit)
1. Ensure that notice was served upon the tenant(s); and
2. File Unlawful Detainer

NOTE: Tenant may not be eligible under the VRMRP for assistance due to exhaustion of program funds, in which case this requirement would not apply.

EVICTIONS BASED ON NON-PAYMENT OF RENT
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LANDLORD OWNS 4 OR LESS RENTAL UNITS

1. If the eviction based on Non-payment of rent, AND
1. Landlord owns 4 or less rental dwelling units, AND
2. Tenant refuses to apply for, or cooperate with Landlord in applying for rental assistance,
1. Serve 14-day Pay or Vacate Notice upon Tenant; and
2. Provide written notice informing Tenant of the Virginia Rent and Mortgage Relief Program (VRMRP) and 2-1-1 Virginia per HB5005; and
3. File Unlawful Detainer after expiry of notice timeframe; and
4. Present Documentation or evidence illustrating tenant failure to cooperate with application for rental assistance (if applicable).

EVICTIONS BASED ON NON-PAYMENT OF RENT
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LANDLORD MORE THAN 4 RENTAL UNITS

1. If the eviction based on Non-payment of rent, AND
   1. Landlord owns more than 4 rental dwelling units, or more than 10% interest in more than 4 dwelling units in Virginia, then
      1. Serve 14-day Pay or Vacate Notice upon Tenant; and
      2. Provide written notice to tenant to enter into a payment plan, per Va Code 55.1-1245F, HB5005; and
      3. Provide written notice informing Tenant of the Virginia Rent and Mortgage Relief Program (VRMRP) and 2-1-1 Virginia per HB5005; and
      4. Attach documents evidencing an application having been made to VRMP, but no written approval received within 45 days of a first application or 14 days of a subsequent application.

NOTE: Tenant may not be eligible under the VRMRP for assistance due to exhaustion of program funds, in which case this requirement would not apply.

For more information on the requirements for Virginia evictions, please call Fox and Moghul to schedule a consult regarding your matter.

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