Over the last several weeks, I've seen how our community has come together to help one another during these challenging times. My last two communications focused on students’ food security issues due to COVID-19, but housing security is becoming an issue for students and their families. As we approach the end of the month, many Arlington families are facing rent payments due on April 1 without sufficient funds because their incomes have been impacted by COVID-19.
Although Congress just passed the CARES Act, which forbids evictions on properties with federally-backed mortgages for the next 120 days, most mortgages aren’t federally backed and tenants may not know if their landlord’s mortgage is federally-backed. Therefore, as an attorney who handles a lot of landlord-tenant matters, I wanted to provide the community with answers to some of the most frequently asked questions related to evictions in Arlington.
These FAQs deal primarily with tenant questions, but happy to answer any questions from private landlords as well. Landlords and tenants may benefit from an open discussion about the situation. Landlords may be willing to accept partial payments or make other arrangements with the tenant that provide a mutually beneficial resolution, but this cannot happen if the parties do not communicate. While the tenant still has a legal obligation to pay rent, private landlords may have flexibility to work with tenants on a case-by-case basis.
Q: If I cannot pay rent on April 1, is my landlord able to kick us out on April 2?
A: No. Landlords are required to go through the court to get permission to remove a tenant, which normally takes approximately six weeks, but could take much longer given the court’s backlog of cases and current suspensions on most hearings.
Q: Could my landlord file the eviction paperwork with the court on April 2 if I’m late with my rent payment?
A: No. If your rent is due on April 1, before the landlord can file with anything in court, the landlord has to give you a 5 day notice that you are in default, tell you how much you owe, and give you a chance to pay before filing.
Q: I don’t think I’ll be able to pay rent in 5 days, so then the landlord could file for an eviction with the court?
A: Yes, but yesterday the Supreme Court of Virginia suspended all non-essential and non-emergency court appearances, including eviction proceedings, through April 26, 2020, so even if your landlord files, your court date will likely be delayed while the court works through the current backlog.
Q: Earlier this month, a judgment for possession was entered against me, so is the actual eviction or lock change going forward?
A: Probably not, but it depends on the scheduled eviction date. The Arlington General District Court has suspended all evictions through April 6, 2020, but given the Supreme Court of Virginia's order to extend the judicial emergency from April 6 through April 26, 2020, I expect the Arlington General District Court to suspend all evictions through April 26, 2020 very soon. Practically, this will require the landlord to file a new “writ of possession” since the writ expires after 30 days, which will take more time, especially if the court remains closed, and will provide you with additional time at the property.
Q: While additional time is helpful, doesn’t this just delay the inevitable eviction?
A: Not necessarily. Most tenants are able to exercise their “right of redemption,” which allows the tenant to pay the landlord all amounts awarded during the eviction process up to 2 business days before the date scheduled by the sheriff for the eviction, in order to avoid the eviction, so the more time a tenant has, the greater the chance to avoid the eviction.
Q: I’m not going to be able to make-up additional income, so are there any resources available in our community?
A: The Arlington County Board has continued their tireless leadership during this unprecedented period by pro-actively sending a letter requesting cooperation and assistance from multi-family housing providers for tenants in need, so landlords may not pursue evictions, may forgive rent, or work with tenants on payment plans. Additionally, you could apply for rental assistance from Arlington Thrive, Arlington Partnership For Affordable Housing Resident Emergency Fund, and Arlington County.
If you find yourself in a situation where you cannot pay rent on April 1 or know someone in this situation and have additional questions, please let me know and we’ll do our best to be helpful.