{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1262.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1262.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1262.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1262.html"}],"law_id":57480,"edition_id":1,"section_id":57480,"structure_id":15074,"section_number":"55.1-1262","catch_line":"Eviction Diversion Pilot Program; process; court-ordered payment plan","history":"2019, cc. 355, 356, \u00a7 55-248.40:3; 2022, c. 797; 2024, cc. 32, 42; 2025, cc. 476, 490.","full_text":"A\n\nA tenant in an unlawful detainer case shall be eligible to participate in the Program if he:1\n\nAppears in court on the first docket call of the case and requests to have the case referred into the Program;2\n\nPays to the landlord or into the court at least 25 percent of the amount due on the unlawful detainer as amended on the first docket call of the case;3\n\nProvides sworn testimony that he is employed and has sufficient funds to make the payments under the court payment plan, or otherwise has sufficient funds to make such payments;4\n\nProvides sworn testimony explaining the reasons for being unable to make rental payments as contracted for in the rental agreement;5\n\nHas not been late within the last 12 months in payment of rent as contracted for in the rental agreement at the rate of either (i) more than two times in six months or (ii) more than three times in 12 months;6\n\nHas not exercised the right of redemption pursuant to § 55.1-1250 within the last six months; and7\n\nHas not participated in an eviction diversion program within the last 12 months.B\n\nThe court shall direct an eligible tenant pursuant to subsection A and his landlord to participate in the Program and to enter into a court-ordered payment plan. The court shall provide for a continuance of the case on the docket of the general district court in which the unlawful detainer action is filed to allow for full payment under the plan. The court-ordered payment plan shall be based on a payment agreement entered into by the landlord and tenant, on a form provided by the Executive Secretary, and shall contain the following provisions:1\n\nAll payments shall be (i) made to the landlord; (ii) paid by cashier’s check, certified check, or money order; and (iii) received by the landlord on or before the fifth day of each month included in the plan;2\n\nThe remaining payments of the amounts on the amended unlawful detainer after the first payments made on the first docket call of the case shall be paid on the following schedule: (i) 25 percent due by the fifth day of the month following the initial court hearing date, (ii) 25 percent due by the fifth day of the second month following the initial court hearing date, and (iii) the final payment of 25 percent due by the fifth day of the third month following the initial court hearing date; and3\n\nAll rental payments shall continue to be made by the tenant to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement each month during the course of the court-ordered payment plan.C\n\nIf the tenant makes all payments in accordance with the court-ordered payment plan, the judge shall dismiss the unlawful detainer as being satisfied.D\n\nIf the tenant fails to make a payment under the court-ordered payment plan or to keep current any monthly rental payments to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement, the landlord shall submit to the general district court clerk a written notice, on a form provided by the Executive Secretary, that the tenant has failed to make payments in accordance with the plan. A copy of such written notice shall be given to the tenant in accordance with § 55.1-1202.\n\t\t\tThe court shall enter an order of possession without further hearings or proceedings, unless the tenant files an affidavit with the court within 10 days of the date of such notice stating that the current rent has in fact been paid and that the landlord has not properly acknowledged payment of such rent. A copy of such affidavit shall be given to the landlord in accordance with § 55.1-1202.\n\t\t\tThe landlord may seek a money judgement for final rent and damages pursuant to subsection B of § 8.01-128.E\n\nNothing in this section shall be construed to limit (i) the landlord from filing an unlawful detainer for a non-rent violation against the tenant while such tenant is participating in the Program or (ii) the landlord and tenant from entering into a voluntary payment agreement outside the provisions of this section.","order_by":null,"text":{"0":{"id":210592,"text":"A tenant in an unlawful detainer case shall be eligible to participate in the Program if he:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":210593,"text":"Appears in court on the first docket call of the case and requests to have the case referred into the Program;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":210594,"text":"Pays to the landlord or into the court at least 25 percent of the amount due on the unlawful detainer as amended on the first docket call of the case;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":210595,"text":"Provides sworn testimony that he is employed and has sufficient funds to make the payments under the court payment plan, or otherwise has sufficient funds to make such payments;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":210596,"text":"Provides sworn testimony explaining the reasons for being unable to make rental payments as contracted for in the rental agreement;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":210597,"text":"Has not been late within the last 12 months in payment of rent as contracted for in the rental agreement at the rate of either (i) more than two times in six months or (ii) more than three times in 12 months;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":210598,"text":"Has not exercised the right of redemption pursuant to § 55.1-1250 within the last six months; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":210599,"text":"Has not participated in an eviction diversion program within the last 12 months.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":210600,"text":"The court shall direct an eligible tenant pursuant to subsection A and his landlord to participate in the Program and to enter into a court-ordered payment plan. The court shall provide for a continuance of the case on the docket of the general district court in which the unlawful detainer action is filed to allow for full payment under the plan. The court-ordered payment plan shall be based on a payment agreement entered into by the landlord and tenant, on a form provided by the Executive Secretary, and shall contain the following provisions:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"B1"},"9":{"id":210601,"text":"All payments shall be (i) made to the landlord; (ii) paid by cashier’s check, certified check, or money order; and (iii) received by the landlord on or before the fifth day of each month included in the plan;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"10":{"id":210602,"text":"The remaining payments of the amounts on the amended unlawful detainer after the first payments made on the first docket call of the case shall be paid on the following schedule: (i) 25 percent due by the fifth day of the month following the initial court hearing date, (ii) 25 percent due by the fifth day of the second month following the initial court hearing date, and (iii) the final payment of 25 percent due by the fifth day of the third month following the initial court hearing date; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"11":{"id":210603,"text":"All rental payments shall continue to be made by the tenant to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement each month during the course of the court-ordered payment plan.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"12":{"id":210604,"text":"If the tenant makes all payments in accordance with the court-ordered payment plan, the judge shall dismiss the unlawful detainer as being satisfied.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"13":{"id":210605,"text":"If the tenant fails to make a payment under the court-ordered payment plan or to keep current any monthly rental payments to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement, the landlord shall submit to the general district court clerk a written notice, on a form provided by the Executive Secretary, that the tenant has failed to make payments in accordance with the plan. A copy of such written notice shall be given to the tenant in accordance with § 55.1-1202.\n\t\t\tThe court shall enter an order of possession without further hearings or proceedings, unless the tenant files an affidavit with the court within 10 days of the date of such notice stating that the current rent has in fact been paid and that the landlord has not properly acknowledged payment of such rent. A copy of such affidavit shall be given to the landlord in accordance with § 55.1-1202.\n\t\t\tThe landlord may seek a money judgement for final rent and damages pursuant to subsection B of § 8.01-128.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"14":{"id":210606,"text":"Nothing in this section shall be construed to limit (i) the landlord from filing an unlawful detainer for a non-rent violation against the tenant while such tenant is participating in the Program or (ii) the landlord and tenant from entering into a voluntary payment agreement outside the provisions of this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15074,"edition_id":1,"name":"Eviction Diversion Program","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:52:01","date_modified":"2026-06-26 03:52:01","permalink":{"id":246167,"object_type":"structure","relational_id":15074,"identifier":"7","token":"55.1\/III\/12\/7","url":"\/55.1\/III\/12\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14100,"edition_id":1,"name":"Virginia Residential Landlord and Tenant Act","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":245885,"object_type":"structure","relational_id":14100,"identifier":"12","token":"55.1\/III\/12","url":"\/55.1\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79584,"structure_id":15074,"section_number":"55.1-1260","catch_line":"Establishment of Eviction Diversion Program; purpose; goals","url":"\/55.1-1260\/","token":"55.1\/III\/12\/7\/55.1-1260","metadata":false},{"id":85180,"structure_id":15074,"section_number":"55.1-1261","catch_line":"Eviction Diversion Pilot Program; administration","url":"\/55.1-1261\/","token":"55.1\/III\/12\/7\/55.1-1261","metadata":false},{"id":57480,"structure_id":15074,"section_number":"55.1-1262","catch_line":"Eviction Diversion Pilot Program; process; court-ordered payment plan","url":"\/55.1-1262\/","token":"55.1\/III\/12\/7\/55.1-1262","metadata":false}],"previous_section":{"id":85180,"structure_id":15074,"section_number":"55.1-1261","catch_line":"Eviction Diversion Pilot Program; administration","url":"\/55.1-1261\/","token":"55.1\/III\/12\/7\/55.1-1261","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1262\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapters 355<\/a> and 356<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2022, chapter 797<\/a>; in 2024, chapters 32<\/a> and 42<\/a>; in 2025, chapters 476<\/a> and 490<\/a>.<\/p>","references":false,"refers_to":[{"id":69095,"section_number":"55.1-1202","catch_line":"Notice","order_by":null,"url":"\/55.1-1202\/"},{"id":85575,"section_number":"55.1-1250","catch_line":"Landlord's acceptance of rent with reservation; tenant's right of redemption","order_by":null,"url":"\/55.1-1250\/"}],"permalink":{"id":246177,"object_type":"law","relational_id":57480,"identifier":"55.1-1262","token":"55.1\/III\/12\/7\/55.1-1262","url":"\/55.1-1262\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1262\/","token":"55.1\/III\/12\/7\/55.1-1262","dublin_core":{"Title":"Eviction Diversion Pilot Program; process; court-ordered payment plan","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1262","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A tenant<\/span> in an unlawful detainer<\/span> case shall be eligible to participate in the Program if he: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Appears in court<\/span> on the first docket<\/span> call of the case and requests to have the case referred into the Program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Pays to the landlord<\/span> or into the court<\/span> at least 25 percent of the amount due on the unlawful detainer<\/span> as amended on the first docket<\/span> call of the case; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provides sworn testimony<\/span> that he is employed and has sufficient funds to make the payments under the court<\/span> payment plan, or otherwise has sufficient funds to make such payments; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Provides sworn testimony<\/span> explaining the reasons for being unable to make rental payments as contracted for in the rental agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Has not been late within the last 12 months in payment of rent<\/span> as contracted for in the rental agreement<\/span> at the rate of either (i) more than two times in six months or (ii) more than three times in 12 months; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Has not exercised the right of redemption<\/span> pursuant to § 55.1-1250<\/a> within the last six months; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Has not participated in an eviction diversion<\/span> program within the last 12 months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> shall direct an eligible tenant<\/span> pursuant to subsection A and his landlord<\/span> to participate in the Program and to enter into a court<\/span>-ordered payment plan. The court<\/span> shall provide for a continuance<\/span> of the case on the docket<\/span> of the general district court<\/span> in which the unlawful detainer action<\/span> is filed to allow for full payment under the plan. The court<\/span>-ordered payment plan shall be based on a payment agreement entered into by the landlord<\/span> and tenant<\/span>, on a form provided by the Executive Secretary, and shall contain the following provisions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All payments shall be (i) made to the landlord<\/span>; (ii) paid by cashier’s check, certified check, or money order<\/span>; and (iii) received by the landlord<\/span> on or before the fifth day of each month included in the plan; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The remaining payments of the amounts on the amended unlawful detainer after the first payments made on the first docket<\/span> call of the case shall be paid on the following schedule: (i) 25 percent due by the fifth day of the month following the initial court<\/span> hearing<\/span> date, (ii) 25 percent due by the fifth day of the second month following the initial court<\/span> hearing<\/span> date, and (iii) the final payment of 25 percent due by the fifth day of the third month following the initial court<\/span> hearing<\/span> date; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> All rental payments shall continue to be made by the tenant<\/span> to the landlord<\/span> as contracted for in the rental agreement<\/span> within five days of the due date established by the rental agreement<\/span> each month during the course of the court<\/span>-ordered payment plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the tenant<\/span> makes all payments in accordance with the court<\/span>-ordered payment plan, the judge<\/span> shall dismiss the unlawful detainer as being satisfied. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the tenant<\/span> fails to make a payment under the court<\/span>-ordered payment plan or to keep current any monthly rental payments to the landlord<\/span> as contracted for in the rental agreement<\/span> within five days of the due date established by the rental agreement<\/span>, the landlord<\/span> shall submit to the general district court<\/span> clerk a written notice<\/span>, on a form provided by the Executive Secretary, that the tenant<\/span> has failed to make payments in accordance with the plan. A copy of such written notice<\/span> shall be given to the tenant<\/span> in accordance with § 55.1-1202<\/a>.\n\t\t\tThe court<\/span> shall enter an order<\/span> of possession<\/span> without further hearings<\/span> or proceedings, unless the tenant<\/span> files an affidavit<\/span> with the court<\/span> within 10 days of the date of such notice stating that the current rent<\/span> has in fact<\/span> been paid and that the landlord<\/span> has not properly acknowledged payment of such rent<\/span>. A copy of such affidavit<\/span> shall be given to the landlord<\/span> in accordance with § 55.1-1202<\/a>.\n\t\t\tThe landlord<\/span> may seek a money judgement for final rent<\/span> and damages<\/span> pursuant to subsection B of § 8.01-128<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall be construed to limit (i) the landlord<\/span> from filing an unlawful detainer for a non-rent<\/span> violation against the tenant<\/span> while such tenant<\/span> is participating in the Program or (ii) the landlord<\/span> and tenant<\/span> from entering into a voluntary payment agreement outside the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVICTION DIVERSION PILOT PROGRAM; PROCESS; COURT-ORDERED PAYMENT PLAN (\u00a7\n55.1-1262)\n\nA. A tenant in an unlawful detainer case shall be eligible to participate in the\nProgram if he:\n\n 1. Appears in court on the first docket call of the case and requests to have\n the case referred into the Program;\n\n 2. Pays to the landlord or into the court at least 25 percent of the amount\n due on the unlawful detainer as amended on the first docket call of the case;\n\n 3. Provides sworn testimony that he is employed and has sufficient funds to\n make the payments under the court payment plan, or otherwise has sufficient\n funds to make such payments;\n\n 4. Provides sworn testimony explaining the reasons for being unable to make\n rental payments as contracted for in the rental agreement;\n\n 5. Has not been late within the last 12 months in payment of rent as\n contracted for in the rental agreement at the rate of either (i) more than two\n times in six months or (ii) more than three times in 12 months;\n\n 6. Has not exercised the right of redemption pursuant to § 55.1-1250\n within the last six months; and\n\n 7. Has not participated in an eviction diversion program within the last 12\n months.\n\nB. The court shall direct an eligible tenant pursuant to subsection A and his\nlandlord to participate in the Program and to enter into a court-ordered payment\nplan. The court shall provide for a continuance of the case on the docket of the\ngeneral district court in which the unlawful detainer action is filed to allow\nfor full payment under the plan. The court-ordered payment plan shall be based\non a payment agreement entered into by the landlord and tenant, on a form\nprovided by the Executive Secretary, and shall contain the following provisions:\n\n 1. All payments shall be (i) made to the landlord; (ii) paid by\n cashier’s check, certified check, or money order; and (iii) received by\n the landlord on or before the fifth day of each month included in the plan;\n\n 2. The remaining payments of the amounts on the amended unlawful detainer\n after the first payments made on the first docket call of the case shall be\n paid on the following schedule: (i) 25 percent due by the fifth day of the\n month following the initial court hearing date, (ii) 25 percent due by the\n fifth day of the second month following the initial court hearing date, and\n (iii) the final payment of 25 percent due by the fifth day of the third month\n following the initial court hearing date; and\n\n 3. All rental payments shall continue to be made by the tenant to the landlord\n as contracted for in the rental agreement within five days of the due date\n established by the rental agreement each month during the course of the\n court-ordered payment plan.\n\nC. If the tenant makes all payments in accordance with the court-ordered payment\nplan, the judge shall dismiss the unlawful detainer as being satisfied.\n\nD. If the tenant fails to make a payment under the court-ordered payment plan or\nto keep current any monthly rental payments to the landlord as contracted for in\nthe rental agreement within five days of the due date established by the rental\nagreement, the landlord shall submit to the general district court clerk a\nwritten notice, on a form provided by the Executive Secretary, that the tenant\nhas failed to make payments in accordance with the plan. A copy of such written\nnotice shall be given to the tenant in accordance with § 55.1-1202.\n\t\t\tThe court shall enter an order of possession without further hearings or\nproceedings, unless the tenant files an affidavit with the court within 10 days\nof the date of such notice stating that the current rent has in fact been paid\nand that the landlord has not properly acknowledged payment of such rent. A copy\nof such affidavit shall be given to the landlord in accordance with §\n55.1-1202.\n\t\t\tThe landlord may seek a money judgement for final rent and damages pursuant\nto subsection B of § 8.01-128.\n\nE. Nothing in this section shall be construed to limit (i) the landlord from\nfiling an unlawful detainer for a non-rent violation against the tenant while\nsuch tenant is participating in the Program or (ii) the landlord and tenant from\nentering into a voluntary payment agreement outside the provisions of this\nsection.\n\nHISTORY: 2019, cc. 355, 356, \u00a7 55-248.40:3; 2022, c. 797; 2024, cc. 32, 42;\n2025, cc. 476, 490.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}