What Can Virginia Landlords Do About Tenants Who Are Behind on Rent in the Age of COVID-19?

Whereas commercial landlords can often utilize “self-help” and evict a non-paying tenant by changing the locks or, in some instances, shutting off utilities, landlords with residential tenants must use the court system by filing a Summons for Unlawful Detainer in order to evict a tenant.

Beginning March 16, 2020, all judicial evictions were frozen due to the judicial state of emergency declared by the Supreme Court of Virginia. Since then, there have been all kinds of changes that can be immensely confusing for those who, unlike landlord-tenant attorneys, don’t have it as part of their job descriptions to keep tabs on legislative and judicial updates.

A freeze on evictions would inconvenience and frustrate landlords during ordinary times, but a freeze on evictions during a period when many tenants are suffering financially and missing rent payments can cripple a landlord still facing monthly mortgage bills. Certainly both landlords and tenants are facing and dealing with unique hardships during the pandemic. If possible, both parties should explore and consider every possible way to resolve difficulties and avoid evictions. However, a resolution is not always possible; so what remedies do landlords during the eviction freeze?

If negotiations fail, the best thing a landlord can do is to have their unlawful detainer proceeding filed with the court now and scheduled on the soonest date permitted by the court. General District Courts have been accepting unlawful detainer filings since March 16th, and these matters have been piling up in the clerk’s office. For example, in one standard-sized General District Court in Virginia, nearly 200 unlawful detainer lawsuits were filed in the seven weeks following March 16th.

Many of the landlords with pending matters have had their initial return dates continued by the court, or have had to select new dates, due to extensions of the judicial emergency. A law firm familiar with the peculiarities of your local court would be well positioned to strategize with you about how to improve chances of getting to the “front of the line”.

PJI law has represented landlords in Fairfax County, Loudoun County, Prince William County, Arlington County, the City of Alexandria and other Northern Virginia jurisdictions in matters ranging from unpaid rent, to evictions, to property damage, to fraudulent representation. If you need advice on the best course of action or need assistance in getting your matter through court efficiently in light of the long queue that has built up, please schedule a consultation either in person, on the phone, or by video to discuss your matter. You can reach us at (703) 865-6100 or at landlords@pjilaw.com.