                                 CODE OF VIRGINIA

EVICTION DIVERSION PILOT PROGRAM; PROCESS; COURT-ORDERED PAYMENT PLAN (§
55.1-1262)

A. A tenant in an unlawful detainer case shall be eligible to participate in the
Program if he:

   1. Appears in court on the first docket call of the case and requests to have
   the case referred into the Program;

   2. 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;

   3. 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;

   4. Provides sworn testimony explaining the reasons for being unable to make
   rental payments as contracted for in the rental agreement;

   5. 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;

   6. Has not exercised the right of redemption pursuant to &#xA7; 55.1-1250
   within the last six months; and

   7. Has not participated in an eviction diversion program within the last 12
   months.

B. 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:

   1. All payments shall be (i) made to the landlord; (ii) paid by
   cashier&#8217;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. 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

   3. 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.

C. If the tenant makes all payments in accordance with the court-ordered payment
plan, the judge shall dismiss the unlawful detainer as being satisfied.

D. 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 &#xA7; 55.1-1202.
			The 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 &#xA7;
55.1-1202.
			The landlord may seek a money judgement for final rent and damages pursuant
to subsection B of &#xA7; 8.01-128.

E. 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.

HISTORY: 2019, cc. 355, 356, § 55-248.40:3; 2022, c. 797; 2024, cc. 32, 42;
2025, cc. 476, 490.