I have been receiving a lot of calls from landlords and tenants regarding evictions during the coronavirus pandemic. Different and changing opinions from the state government and the federal government have made the answer to this question difficult. As of June 14, 2020, there is a patchwork of rules which means, at least in some places, eviction cases can commence. In some local courts, they cannot. Federal law has also prevented certain types of evictions from going through.

So what are those rules, and what do you need to know about evictions in a pandemic?

Virginia Rules on Evictions in a Pandemic

On June 8, 2020, the Supreme Court of Virginia declared that there was still an on-going judicial emergency. The emergency order stated that all eviction cases were ordered to stop until June 28, 2020. However, some local courts have interpreted that order differently. For example, Fairfax General District Court has permitted the filing of eviction matters during this time period. As a result, the sheriff’s office had to issue a statement that they would not be proceeding with forceful evictions until the June 28th deadline.

Most other localities have decided to wait until June 28, 2020 before they will permit evictions to resume. There is a chance that the Supreme Court of Virginia or the governor extends this time period, but for now evictions are brought to a complete halt, regardless of the type of tenant a landlord has.

Federal Rules on Evictions During a Pandemic

There are several different rules from the federal level. The Department of Housing and Urban Development had initially created a sixty day ban on evictions of tenants in FHA-insured housing on March 18, 2020. 

Effective March 27, 2020, the CARES act created a one hundred and twenty day ban on evictions for tenants of certain “covered dwellings.” Therefore, some landlords are restricted from evicting their tenant until July 27, 2020. As with the state level, the federal government could extend that window depending on how things develop.

In order to be considered a covered dwelling, the landlord or tenant must be receiving certain types of federal aid. If you are a tenant facing an eviction or a landlord considering an eviction, and you are receiving federal aid of some kind, there may be a federal ban on the eviction.

Why You Need a Lawyer

All of these different regulations have made eviction proceedings extremely difficult to file and pursue. There are also penalties for the unwary if they file an eviction improperly during these bans. That is why if you are facing an eviction or are a landlord considering an eviction, you should talk to a lawyer to understand your rights and risks.