When a tenant falls behind on rent, landlords often face a difficult choice. The Virginia eviction diversion program aims to create an alternative path that may resolve nonpayment in a legally structured way. Many landlords first encounter the program only when a tenant requests it during a court date.
Let’s take a closer look at how the process works, what the law requires, and how to evaluate whether participation aligns with your goals for the property.
What the Program Aims to Accomplish
The General Assembly made the Virginia eviction diversion program permanent in 2025 by removing its prior expiration date. The legal framework appears in the Virginia Code, and the program focuses on reducing evictions that stem from short-term financial setbacks. The law describes these setbacks as job loss, medical crises, and other unexpected financial interruptions.
The program also includes broader aims. Lawmakers intended to limit unnecessary displacement by keeping children in their schools and improving understanding of eviction procedures among tenants. At the same time, the law encourages landlords and tenants to create realistic payment plans that the court can enforce.
How the Program Is Managed
The Supreme Court of Virginia oversees the program through its Executive Secretary. This office drafts required forms and trains judges on how the program works in general district courts. Each court can choose to participate or decline, and those that participate are required to follow the statutory process. This includes:
- the payment plan format
- timing for plan payments
- method of payment
- rules surrounding default
When a Tenant Can Request Entry Into the Program
Entry into Virginia’s eviction diversion program is not automatic. Tenants need to request it during the first hearing in the unlawful detainer case (also sometimes called the first docket call). If the tenant fails to appear or doesn’t request program entry at that time, the court then proceeds with the standard eviction process.
Landlords don’t have the option to request diversion on behalf of a tenant (though landlords can mention the program to tenants so that they’re aware). The request has to come from the tenant. The court then reviews whether the tenant qualifies before ordering participation.
Eligibility Requirements for Tenants
The law sets specific standards that determine whether the court will allow a tenant to enroll in Virginia’s eviction diversion program. These standards help ensure that only tenants with a reasonable chance of completing a payment plan move forward.
To qualify, a tenant needs to:
- Pay 25% of the outstanding rent. This payment has to be made at the first hearing.
- Provide sworn testimony about financial ability. The tenant needs to confirm under oath that they can complete the payment plan.
- Show a consistent rental payment history. In the previous twelve months, the tenant must not have been late more than two times within a six-month period, or more than three times within the full year.
- Avoid recent participation in similar remedies. A tenant who used the right of redemption within the past six months or who participated in the diversion program within the past twelve months is generally ineligible.
If the tenant meets these requirements, the court instructs the parties to create a payment plan that follows the statutory structure.
How the Court-Ordered Payment Plan Works
The payment plan is mandatory once the court approves eviction diversion. Both parties are required to use the official form prepared by the Executive Secretary. The structure of the plan is consistent across the state, which helps landlords know what to expect.
Key features of the plan include the following points:
- Payment schedule. After the initial 25% payment at the hearing, the remaining balance is paid in three equal installments. Each installment represents 25% of the original balance. Payments are due by the fifth day of each month covered by the plan.
- Payment method. The tenant needs to pay by cashier’s check, certified check, or money order. This method confirms that the funds are guaranteed.
- Delivery of payments. Payments have to be sent directly to the landlord, not the court.
- Regular rent obligations. The tenant must also keep up with their ongoing monthly rent. Those payments need to reach the landlord within five days of the normal due date under the lease.
The court dismisses the unlawful detainer case once the tenant completes the plan and stays current on their ongoing rent.
What Happens if the Tenant Misses a Payment
If the tenant misses a payment or falls behind on regular rent during the diversion period, the landlord can take further action. This starts with filing a written notice of the default with the court. Once the notice is filed, the tenant then has ten days to submit an affidavit stating that payment was made and the landlord failed to credit it.
If the tenant does not submit this affidavit, the court may issue a possession order in favor of the landlord. The landlord may also request a money judgment for unpaid rent, as well as damages under other relevant Virginia provisions.
It’s also worth noting that the diversion program only applies to nonpayment of rent. If the tenant commits other lease violations, including property damage or unauthorized occupants, the landlord may file a separate unlawful detainer for those issues.
Benefits Landlords May Experience
The Virginia eviction diversion program can be beneficial for landlords as well as tenants, depending on the situation at hand.
Some landlords appreciate the opportunity to recover rent through a plan that the court enforces. In many cases, a structured plan may lead to higher recovery than an immediate eviction. This is especially so if a tenant has faced a temporary hardship but is otherwise reliable and pleasant to rent to.
The program also creates a predictable process with clear deadlines and consequences. Plans require guaranteed forms of payment and fixed due dates. If the tenant doesn’t meet these dates, the landlord can move forward with a possession request without starting the entire process from the beginning.
Risks Landlords Should Consider
The program also carries risks that landlords should know before proceeding.
The initial 25% payment may not be enough to stabilize the account if arrears are significant. Some tenants may also overestimate their ability to complete the plan. If the tenant defaults during the repayment phase, the landlord may need to deal with additional delay before regaining possession.
Practical Guidance for Landlords Evaluating Participation
Because tenants initiate the process, landlords often learn about Virginia eviction diversion at the courthouse. It helps to prepare in advance, so be sure to provide clear documentation of rent payment history, lease terms, and written communication with the tenant.
Consider the tenant’s payment history before recommending or agreeing to a plan. The statutory eligibility requirements already filter out some situations, but landlords have insight into patterns of behavior that the court can’t see immediately.
Review the official payment plan form. Knowing the structure in advance will help you negotiate terms that comply with the law but still reflect your needs.
From there, maintain accurate records of every payment received during the program. This recordkeeping will assist you if a default occurs and you need to file a notice with the court.
Using Virginia Eviction Diversion to Manage Risk
The Virginia eviction diversion program provides a structured alternative to immediate eviction in cases of nonpayment. It’s not designed to fit every situation, but it can be a useful tool when used with realistic expectations. Landlords who understand how the program works can make more informed choices, protect their interests, and respond effectively when tenants request participation.
