Eviction Moratorium Continues to Evolve

Updated September 4, 2020

See our Alert on the new federal evictions moratorium beginning September 4 here.

Updated August 10, 2020

Virginia Supreme Court has granted a temporary moratorium on evictions related to the failure to pay rent from August 10 through September 7, 2020.

The August 8 judicial emergency order was issued in response to Gov. Ralph Northam’s request to “allow his administration the time to both work with the General Assembly to develop and pass a legislative package that will provide additional relief to those facing eviction and to expand financial assistance for tenants through [its] rent relief program.”

The General Assembly will meet for a special session on August 18 and is expected to take up rent relief funding to ease the burden on both tenants and landlords.

Further reading:

Note: The August 8 order refers only to the suspension of “writs of eviction,” which is the final step in the process that allows a sheriff to physically evict a tenant. It appears as if the earlier stages of the process, including issuing unlawful detainers, will be able to continue. Please see the list of resources below for financial and legal assistance available to Arlington residents.

Need help paying rent? Call Arlington County’s hotline for assistance: 703.228.1300


July 16, 2020

Since Virginia declared a state of emergency and issued a stay-home order in March, advocates like the Alliance for Housing Solutions have been concerned about evictions due to loss of income. A series of eviction moratoriums gave a brief reprieve, during which federal, state, local, and nonprofit agencies mobilized to provide emergency financial assistance for rent, food, and other necessities.

As the end of the Virginia eviction moratorium loomed, advocates interceded to request an extension while Governor Northam’s new funding program was put into place. AHS sent a letter June 26 to District 17 Chief Judge William Newman requesting the moratorium be extended to July 20. Unfortunately, Virginia’s Supreme Court ruled that evictions could resume starting June 29.

This situation is still in flux with the issuance of a ruling from Attorney General Mark Herring on July 14 that the Governor has the authority to issue emergency orders relating to evictions, and groups such as VOICE calling on the Governor to take action.

While evictions can now proceed, there are new, COVID-related protections for tenants, as well as ongoing legal and financial assistance programs. However, with the looming expiration of the federal CARES Act eviction moratorium on July 25, these protections and resources may not be able to keep up with the potential flood of eviction activity.

As of July 13, Arlington General District Court had 116 “unlawful detainer” (eviction) cases on the docket for July 30 (with several dozen more on other days throughout the month). A significant number of those cases date back to pre-COVID and have been on hold since the March 16 suspension, and many may also be continued or dismissed once the court date arrives.

The following update and resource list are as current and accurate as possible on July 16, 2020. AHS recognizes that this is a changing landscape and will try to keep constituents as informed as possible. For ongoing updates, we encourage you to follow us on social media and subscribe to our monthly newsletter.

With eviction hearings re-starting after 3-month moratorium, keeping Arlingtonians in their homes is top priority. Our Arlington DHS team is working tirelessly with Gen. District Court judges to get tenants $ assistance and prevent evictions. Get help before it gets to Court.”
— Katie Cristol, Arlington County Board Member via Twitter on July 10

Special protections in place during COVID crisis

  • No utilities can be shut off (electric, water/sewer, and gas) under an order from the State Corporation Commission effective until August 31.

  • If income is lost due to COVID, tenants may ask the court to delay the case by 60 days by requesting a continuance in court. Tenants MUST appear for their court date or they will automatically lose. See VPLC’s guide for more details about how to ask for a continuance.

  • The Federal CARES Act protects people living in subsidized housing or properties with private, federally-backed mortgages (FHA, USDA, VA, Fannie Mae, Freddie Mac). Use this searchable database to see if your property is on the list. This moratorium currently only in place through July 25 and is followed by a 30-day notice period, so new unlawful detainers (evictions) can be filed at the end of August.

  • Any Unlawful Detainer filing in Arlington General District Court requires a CARES Act affidavit from the landlord showing that the property is not covered by the federal moratorium.

  • Local Affordable Housing Investment Fund (AHIF) borrowers who participate in an Arlington County Limited Waiver program must hold off on evictions due to non-payment of rent because of the COVID crisis through the end of 2020. The properties are: Arbor Heights, Buchanan Gardens, Calvert Manor, Cameron Commons, Columbia Grove, Columbia Hills East, Courthouse Crossings, Gates of Ballston, Fisher House I, Fort Henry Gardens, The Jordan, Leckey Gardens, Marbella, The Shell, The Shelton, Spectrum, The Springs, vPoint, and William Watters.

Rental Assistance Resources

  • Arlington County’s Department of Human Services (DHS) provides temporary financial assistance using local funds and federal COVID funds, in partnership with Arlington Thrive. A total of $2 million has been allocated to this program since March, a major increase from the typical $500,000 pre-COVID annual budget for the program. 

  • Arlington County has received $450,000 in state funding through the Virginia Rent and Mortgage Relief Program, announced June 29. These dollars are already available and are being dispersed through the County Department of Human Services to help Arlington residents affected by the COVID-19 pandemic pay their rent or mortgage. The program prioritizes lowest income (<50% AMI) until July 20 and then is available for up to 80% AMI. The funding is retroactive to March 1, 2020.

  • BU-GATA specializes in tenant education and advocacy and provides information on their website in six languages (English, Spanish, Amharic, Mongolian, Vietnamese, and Chinese). BU-GATA can help with referrals for housing, financial and food assistance at 703-465-5570.

  • Any Arlington resident can call to inquire about assistance at 703.228.1300, or may reach out to Arlington Thrive or BU-GATA for more information.

How evictions work

  • “Unlawful Detainer” is the term used for when a landlord files to evict a tenant for possession of real property and rent. Filing the unlawful detainer is just the first step in the evictions process and does not mean that a tenant must move out.

  • Steps in the eviction process:

    • Pay or Quit: A landlord can issue a notice of nonpayment of rent after the rent is overdue and grace period is over, often called “Pay or Quit” notice providing 5 days to pay.

    • Unlawful Detainer: Landlord files for Unlawful Detainer and obtains a court date, typically within the next 3 weeks. In Arlington, these cases are scheduled on Thursdays so that staff from the Department of Human Services and Legal Services of Northern Virginia can provide information and assistance to tenants on site.

    • Appeal: If the judge rules in favor of the landlord, the tenant has 10-day appeal period.

    • Writ of Eviction: The final step after the 10-day appeal period is for the landlord to file for a “Writ of Eviction” or “Writ of Possession” that allows the Sheriff to physically evict the tenant.

    • Sheriff’s Action: Tenant has a right to pay off all debts and fees up until two business days before the Sheriff’s scheduled eviction date.

  • The Arlington General District Court has jurisdiction to process most eviction cases.

Updates to eviction protections from the 2019-2020 General Assembly

  • Tenant now have a fourth redemption opportunity before Sheriff’s order is executed (2019)

  • Limit on late fees of 10% of monthly rent, if required by lease (new for 2020)

  • Landlords must provide renters with a notice of tenants’ rights including legal aid contact info (see here for DHCD’s statement of tenants’ rights and responsibilities)

Legal Resources

Additional Resources