Starting January 1, 2021 through the end of the COVID-19 emergency, your landlord

cannot evict you for unpaid rent UNLESS:

1. Your landlord gives you a written notice letting you know how much you owe.

The notice must:

a. Give you 14 days to pay rent owed; and

b. Have information about the Virginia Rent and Mortgage Relief Program

(RMRP) and how to reach 2-1-1 Virginia for other rental assistance

programs.

2. Your landlord applies for RMRP on your behalf within 14 days of sending you the

notice. Your landlord should be able to get you RMRP assistance faster than you

can on your own. If you tell your landlord you are applying for the RMRP

yourself, they are not required to apply for you.

3. Rent relief is denied for the one of the following reasons:

a. You refused to apply for the RMRP and refused to cooperate with your

landlord in applying for the RMRP;

b. The RMRP application is not approved by the agency within 45 days after

it was submitted; or

c. The application was denied because you are ineligible for rent relief.

4. Your landlord does not have to apply for RMRP if the program runs out of

money.

Landlords who own 5 or more rental units must take an extra step before evicting you for non-payment:

5. The landlord must offer you a payment plan without late fees. The landlord

cannot evict you unless you refuse to enter into the payment plan or miss a

payment. But the landlord only has to enter you into a payment plan one time

per lease period. You can enter the payment plan AND apply for the RMRP. To

get on a payment plan you must:

a. Agree to the payment plan in writing; and

b. Give your landlord a signed statement that you have lost income and/or

had increased expenses due to the COVID-19 crisis. Click here for a

sample statement.

IMPORTANT: If you have paid everything you owe your landlord, your landlord can’t take any action to evict you for unpaid rent.

2 

Protections starting January 1, 2021:

This is general legal information, not legal advice about a specific case. If you have questions or want advice about your individual case, please contact legal aid or VPLC at the phone numbers listed below.

I’VE LOST INCOME BECAUSE OF COVID-19. HOW CAN I GET A DELAY IN MY EVICTION CASE?

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.

Are you eligible to delay your eviction case?

Did you lose income during the COVID-19 state of emergency which started March 12, 2020 and continues indefinitely until ended by Order of the Governor?

Do you have a first court date for an eviction case (an “unlawful detainer”) scheduled?

If you meet both of those requirements, you may be able to get a 60-day delay in your case.

What do I need to do to get the 60-day delay?

1. Show up to your first court date 2. Bring written proof that you lost income between March 12 and your court date

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

o VPLC has an affidavit form attached 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”

Are there other laws that can protect me from eviction during this crisis?

You may be eligible for the CDC Eviction Moratorium if you meet these five rules: o You have used your best efforts to obtain all available government rent assistance.

o You are below income requirements: ▪ You expect to earn no more than $99,000 ($198,000 if joint return) in 2020, or ▪ You were not required to report any income to the IRS in 2019, or ▪ You received stimulus check in 2020

o You are unable to pay rent due to income loss or extraordinary out-of-pocket medical expenses. o You are using your best efforts to make timely partial rent payments, taking into account other expenses which must be paid. o You would become homeless or need to move into close quarters (double up) if evicted.

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).

AFFIDAVIT OF LOSS OF INCOME DURING COVID-19 EMERGENCY

This affidavit is executed in support of my request for a sixty-day continuance of my

unlawful detainer case, pursuant to the emergency provisions of Virginia House Bill 340 (Acts

2020, c. 1202), Virginia Code s 44-209, enacted April 22, 2020. It is presented as written proof

that I (the Affiant) have “experience[d] a loss of income from a public or private source due to

the [COVID-19] Emergency, such that the affected party must request a stay or continuance.”

Other written proof of my loss of income, such as “a paystub showing zero dollars in earnings

for a pay period within the period for which the Governor has declared a state of emergency” or

“a copy of a furlough notification letter or essential employee status letter indicating the

employee's status as nonessential due to the Emergency,” is unavailable.

My source of income is or was:

The name of my employer (if applicable) is or was:

My hours or income have been reduced by this amount:

The date my income changed was:

I declare under penalty of perjury that the foregoing is true and correct, as stated in Code of

Virginia §8.01-4.3, as an unsworn declaration under penalty of perjury.

Case Number: First Court Date:

First Name: Last Name:

Signature:

Date:

INSTRUCTIONS:

AFFIDAVIT OF LOSS OF INCOME DURING COVID-19 EMERGENCY

If you have one of these documents showing your loss of income during the COVID-19

emergency, you should bring them to the first court date with you and show them to the judge as

written proof of your loss of income:

A paystub showing zero dollars in earnings for a pay period starting March 12, 2020.

A copy of a furlough notification letter or essential employee status letter for the period

starting March 12 indicating the employee’s (your) status as nonessential due to the

COVID-19 emergency.

If you lost income during the COVID-19 emergency but do not have one of those two types of

documents, you may complete this affidavit as proof of your loss of income.

Here is an example of how to fill in the necessary spaces on the form with your information

My source of income is or was: driving for Uber & childcare

The name of my employer (if applicable) is or was: Uber & self-employed

My hours or income have been reduced by this amount: $800 per week

The date my income changed was: April 1, 2020

Case Number: GV2000007561 First Court Date: 11/13/2020

First Name: Jonathan Q. Last Name: Public

Signature: Jonathan Q Public

Date: 11/10/2020

www.cvlas.org

101 W. Broad St., Suite #101 Richmond, Virginia 23220

804-648-1012 or 800-868-1012 Fax: 804-649-8794

229 North Sycamore Street Petersburg, Virginia 23803

804-862-1100 or 800-868-1012 Fax: 804-861-4311

1010 Preston Avenue Charlottesville, Virginia 22903 434-296-8851 or 800-390-9983

Fax: 434-296-5731

CDC EVICTION MORATORIUM – FACT SHEET ● The Center for Disease Control (CDC) issued a nationwide Order halting all residential evictions for nonpayment of rent, under certain conditions, from September 4 through December 31, 2020. ● Order issued to protect public health and slow the spread of COVID-19. ● Eviction means any action by a landlord, or person with a legal right to possession, to pursue eviction, get a possession judgment, get a Writ of Eviction, or remove or cause the removal of a tenant. ● Moratorium only applies to a tenant who gives their landlord, or person with a legal right to possession, a declaration under penalty of perjury. A declaration is attached and is available at www.renterdeclaration.org. The declaration must say:

o Tenant has used best efforts to obtain all available government rent assistance.

o Tenant is below income requirements: ▪ Expects to earn no more than $99,000 ($198,000 if joint return) in 2020, or ▪ Not required to report any income to IRS in 2019, or ▪ Received stimulus check.

o Tenant unable to pay rent due to income loss or extraordinary out-of-pocket medical expenses. o Tenant is using best efforts to make timely partial rent payments, taking into account other expenses which must be paid. o Tenant would become homeless or need to move into close quarters (double up) if evicted.

● Each adult in the household on the lease must provide a separate declaration to the landlord. ● Copies should be kept of all declarations. As with all notices from tenants to landlords, tenant has burden to prove notice given. In order of preference – first class mail, fax, email, text, hand delivery. ● Declaration can be given to landlord at any time, up until the time a Sheriff has completed an eviction. ● Some landlords may challenge the declaration. Tenants should keep written proof of all five elements of the declaration. ● Signing declaration does not waive or give up defenses or claims against landlord. ● Not apply to motel residents, unless is a tenant under state law. In Virginia, motel residents become tenants after 90 days. ● Not apply to foreclosures on home mortgages. ● Rent and other proper charges remain owed. If not paid by December 31, 2020, landlord may start eviction process. ● In greater Richmond, rent assistance is available from ACTS. Call 804-644-2401. In City of Richmond, rent assistance is available from the Eviction Diversion Program. Call 833-663-8428, & press 4. ● Tenants still can be evicted for reasons other than nonpayment of rent. A landlord may look hard for some other reason to evict, so tenants should follow every lease term allowed by law. ● If a landlord pursues eviction after receiving the tenant’s declaration, the tenant should seek legal help right away. For free help from legal aid, do an intake by calling 804-200-6046, or on-line at http://cvlas.org/apply-for-help-online/. ● Penalties for violation of CDC eviction moratorium apply to both landlord & tenant

Authorized by Steve Dickinson, Esq., Executive Director, P.O. Box 12206, Richmond, VA 23241

INSTRUCTIONS FOR DECLARATION

This declaration is for tenants, lessees, or residents of residential properties who are covered by the CDC’s order temporarily halting residential evictions (not including foreclosures on home mortgages) to prevent the further spread of COVID-19.

Under the CDC’s order you must provide a copy of this declaration to your

landlord, owner of the residential property where you live, or other person who has a right to have you evicted or removed from where you live.

Each adult listed on the lease, rental agreement, or housing contract should

complete a declaration. Unless the CDC order is extended, changed, or ended, the order prevents you

from being evicted or removed from where you are living through December 31, 2020.

You are still required to pay rent and follow all the other terms of your lease

and rules of the place where you live. You may also still be evicted for reasons other than not paying rent or making

a housing payment. This declaration is sworn testimony, meaning that you can be prosecuted, go

to jail, or pay a fine if you lie, mislead, or omit important information residential property where you live, or other person who has a right to have you evicted or removed from where you live.

DECLARATION UNDER PENALTY OF PERJURY FOR THE CENTER FOR DISEASE CONTROL AND

PREVENTION’S TEMPORARY HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19 I certify under penalty of perjury, pursuant to 28 U.S.C. §1746, that the foregoing are true

and correct:

I have used best efforts to obtain all available government assistance for rent or housing.

I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act.

I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses

I am using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses.

If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because I have no other available housing options.

I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected

I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws.

I understand that any false or misleading statements or omissions may result in criminal

and civil actions for fines, penalties, damages, or imprisonment.

_________________________________ Signature of Declarant Date

RESOURCES FOR RENTERS

Virginia Rent and Mortgage Relief Program Can’t pay your full rent due to COVID-19?

Have you applied for free rent relief resources? If you have

you may be eligible for free emergency rental assistance.

Apply online: applications.deval.us/login/applications

Apply by phone: 1-703-962-1884

RMRP money is not a loan. All payments go directly to your landlord and you will not have to pay the money back.

Not sure if you are eligible? Visit www.dhcd.virginia.gov/rmrp

Richmond Eviction Diversion Program

Get help paying past due rent.

If you are renting in the City of Richmond and have been sued by your landlord for not paying rent, you may qualify for the Eviction Diversion

Program (EDP). EDP participants receive free financial assistance. Payments made by EDP do not need to be paid back.

Apply online: rvaevictions.org Apply by phone: 1-833-663-8428

(press 4 and leave a message)

RESOURCES FOR LANDLORDS

Virginia Rent and Mortgage Relief Program

Do you have tenants unable to pay rent due to COVID-19? Help is available!

Landlords can now apply directly through Virginia Housing on behalf of tenants to receive funds for delinquent rental payments as far back as

April 1, 2020 and forward. Rental assistance payments go directly to the landlord.

To apply, visit: VirginiaHousing.com/RMRP Or email Virginia Housing at: RMRP@VirginiaHousing.com

Landlords do NOT need to have financing through Virginia Housing or DHCD to apply.

Richmond Eviction Diversion Program

Landlords may be able to get owed rent.

If you rent property in the City of Richmond and have sued your tenant for not paying rent, your tenant may qualify for the Eviction Diversion

Program (EDP). EDP is designed to benefit both parties.

Encourage your tenant to apply:

Apply online: rvaevictions.org

Apply by phone: 1-833-663-8428 (Press 4 and leave a message)

Participation requires agreement of the landlord.

been laid off; reduced work hours; stayed home from work to

care for children due to daycare or school closure;

missed work because you contracted COVID-19;

unable to find work due to COVID; or

unable to work due to being at high risk of illness

RECURSOS PARA INQUILINOS

Programa de Alivio de Renta e Hipoteca de Virginia

¿No puede pagar su renta debido al COVID-19?

¿Ha solicitado recursos gratuitos para alivio? Si usted ha...

puede que usted sea elegible para asistencia de renta gratuita

Solicite en línea: applications.deval.us/login/applications

Solicite por teléfono: 1-703-962-1884

Dinero del RMRP no es un préstamo. Todo pago va directamente al propietario y usted no tendrá que repagar.

¿No sabe si es elegible? Visite al www.dhcd.virginia.gov/rmrp

Programa de Desvío de Desalojo de Richmond

Reciba ayuda pagando renta que debe.

Si está alquilando en la Ciudad de Richmond y ha sido notificado por no pagar la renta, usted puede calificar para el programa de Desvío de Desalojo de Richmond (EDP en inglés). Participantes del EDP reciben

asistencia financiera gratuita. Pagos del EDP no se tienen que repagar.

Solicite en línea: rvaevictions.org

Por teléfono: 1-833-663-8428 (presione 4 y deje mensaje)

Participación requiere acuerdo con el arrendador.

RECURSOS PARA ARRENDADORES

Programa de Alivio de Renta e Hipoteca de Virginia

¿Tiene inquilinos que no pueden pagar renta debido al

COVID-19? ¡Hay ayuda disponible!

Propietarios ahora puede solicitar directamente por Viviendas Virginia

de parte de inquilinos para recibir fondos por falta de pago de renta

desde el 1ro de abril 2020 en adelante. Pagos de asistencia de renta

van directamente al arrendador.

Para solicitar, visite: VirginiaHousing.com/RMRP

O mande email a Viviendas Virginia al:

RMRP@VirginiaHousing.com

Arrendadores NO tienen que tener una hipoteca con Viviendas Virginia o el DHCD

para solicitar.

Programa de Desvío de Desalojo de Richmond

Dueños pueden recibir renta debida.

Si usted alquila propiedad en la Ciudad de Richmond y ha notificado a

su inquilino por no pagar renta, su inquilino puede calificar para el

Programa de Desvío de Desalojo de Richmond (EDP en inglés). EDP es

diseñado para beneficiar ambas partes.

Pídale a su inquilino a que solicite:

Solicite en línea: rvaevictions.org

Por teléfono: 1-833-663-8428 (presione 4 y deje mensaje)

sido despedido;

perdido horas;

permanecido en casa con

niños debido a cierre de

escuela o cuido;

lost child or spousal

support;

faltado al trabajo por tener

COVID-19;

quedado sin encontrar

empleo por el COVID; ó

sido bloqueada trabajar por

alto riesgo de enfermedad;