Virginia's Eviction Diversion Program can change what happens after a nonpayment unlawful detainer reaches General District Court. For rental owners who want a consistent process from delinquency through court, PMI James River's eviction protection process is built around the same core requirement: notices, ledgers, court dates, and payment records have to stay organized.
The Program is a specific court procedure inside the broader Virginia eviction process. It does not replace the nonpayment notice or unlawful detainer filing. In a General District Court that implements the Program, an eligible tenant can enter a court-ordered payment plan while the unlawful detainer remains on the docket. Current Virginia law uses a 10% first payment followed by three 30% installments, while current rent must continue to be paid.
Key Takeaways
- The Eviction Diversion Program is available through General District Courts that implement it. Landlords should confirm that the court handling the case implements the Program.
- An eligible tenant must appear at the first docket call and pay at least 10% of the amount due on the amended unlawful detainer.
- The remaining arrears are paid in three 30% installments, while the tenant must also keep current monthly rent paid within the statutory window.
- If the tenant completes the court-ordered plan, the unlawful detainer is dismissed as satisfied.
- If the tenant defaults, the landlord can use the statutory notice procedure that may lead to an order of possession without another hearing, subject to the tenant's 10-day affidavit right.
- For landlords, the practical issue is documentation. The court plan works only if the amount due, plan payments, and new monthly rent are tracked separately and accurately.
In This Guide
- What Is the Virginia Eviction Diversion Program?
- Who Qualifies for Eviction Diversion?
- How the Court-Ordered Payment Plan Works
- What Happens After Completion or Default?
- What Landlords Should Have Ready
- Where Diversion Fits in the Larger Eviction Process
What Is the Virginia Eviction Diversion Program?
Virginia Code § 55.1-1260 establishes the Eviction Diversion Program and says it may be implemented by any General District Court in the Commonwealth. The statute describes the Program's purpose as reducing qualifying evictions, encouraging workable payment plans, and allowing landlords to receive the rent owed under the rental agreement while tenants have a structured opportunity to become current.
The phrase "may be implemented" matters. The Program is authorized statewide, but participation depends on the General District Court handling the unlawful detainer. A landlord dealing with a nonpayment case should confirm the court's current procedure rather than assume diversion is automatic.
The Program also should not be confused with an informal payment arrangement between a landlord and tenant. When the statutory Program applies, the unlawful detainer is already in court, the case is continued on the court's docket, and the payment plan is court ordered.
Who Qualifies for Eviction Diversion?
The current eligibility rules are in Virginia Code § 55.1-1262. A tenant in an unlawful detainer case must satisfy all of the listed requirements:
- Appear in court on the first docket call.
- Pay the landlord or the court at least 10% of the amount due on the unlawful detainer as amended at the first docket call.
- Provide sworn testimony that the tenant has income and sufficient funds to make the court-plan payments, or otherwise has sufficient funds to make them.
- Provide sworn testimony explaining why rent was not paid as required by the rental agreement.
- Owe no outstanding rent under a payment plan executed within the previous 12 months.
- Have no default on a rent payment plan executed within the previous 12 months.
- Have no participation in an eviction diversion program within the previous 12 months.
The statute's purpose refers to low-income persons, but the current eligibility list does not set a numerical income cap. Instead, § 55.1-1262 requires the tenant to show that enough money is available to perform the plan. A participating General District Court must also attach Program information, including the eligibility criteria, to the unlawful detainer summons.
Key point: Eviction diversion does not automatically delay every nonpayment case. The tenant must qualify under the statute, make the required first payment, and remain able to perform the court-ordered plan.
How the Court-Ordered Payment Plan Works
If the tenant qualifies, the court directs the tenant and landlord to participate and enter a court-ordered payment plan. The case stays on the General District Court docket while the plan is performed.
| When | Arrears Payment | Current Rent |
|---|---|---|
| First docket call | At least 10% of the amount due on the amended unlawful detainer | Continues under the rental agreement |
| By the fifth day of the next month | 30% | Must be paid within five days of the lease due date |
| By the fifth day of the second month | 30% | Must be paid within five days of the lease due date |
| By the fifth day of the third month | Final 30% | Must be paid within five days of the lease due date |
The 10% first payment plus the three 30% installments accounts for the amount due on the amended unlawful detainer. New rent that comes due during the plan is separate and must continue to be paid. The statute also specifies that plan payments are made to the landlord by cashier's check, certified check, money order, or electronic funds transfer and must be received on or before the fifth day of each month included in the plan.
For an owner or property manager, this creates two parallel balances that should never be blurred together: the court-plan arrears and the new monthly rent. A reliable rent collection system makes that distinction much easier to document.
What Happens After Completion or Default?
If the tenant makes every payment required by the court-ordered plan, § 55.1-1262 says the judge shall dismiss the unlawful detainer as satisfied.
If the tenant misses a plan payment or fails to keep current rent paid within five days of the lease due date, the landlord submits written notice of the default to the General District Court clerk on the form provided for that purpose and gives a copy to the tenant under Virginia's notice rules. The Virginia Court System's Eviction Diversion Program forms page lists the current referral, landlord-notice, and tenant-response forms used in the process.
After the landlord's default notice, the statute directs the court to enter an order of possession without another hearing or proceeding unless the tenant files an affidavit with the court within 10 days stating that current rent was paid and that the landlord failed to properly acknowledge that payment. The landlord may also seek a money judgment for final rent and damages as permitted by Virginia law.
This makes payment posting especially important. A landlord should be able to show the plan installment due, the new rent due, the date each payment was received, the payment method, and how the payment was applied. A vague ledger can turn a simple default question into a factual dispute.
What Landlords Should Have Ready
Eviction diversion begins after the unlawful detainer reaches court, so the owner still has to get the front end of the nonpayment process right. Virginia's 14-day pay-or-quit notice comes earlier. The notice, proof of service, lease, payment history, and unlawful detainer balance should already be organized before the first docket call.
PMI James River's operating rule is to avoid adding an informal grace period before serving the required nonpayment notice. Once rent is late and the notice may legally be served, the notice goes out, and payment discussions can continue during the statutory notice period. Waiting first and serving later simply adds those informal negotiation days in front of the required notice window.
Before a diversion hearing, the landlord or property manager should be able to identify:
- The exact amount claimed on the unlawful detainer and any amendment to that amount.
- The tenant's payment history and any known payment plans relevant to the statutory eligibility rules.
- The 10% first payment if it is made to the landlord.
- Each court-plan installment and its receipt date.
- Each new monthly rent charge and payment while the plan is active.
- The correct court form and notice procedure if the plan later defaults.
The benefit of that discipline is practical. If the tenant performs, the case can close cleanly. If the tenant defaults, the landlord has a record that supports the next statutory step without reconstructing months of transactions after the fact.
Where Diversion Fits in the Larger Eviction Process
The Eviction Diversion Program is one branch inside a nonpayment unlawful detainer. It does not replace the initial notice, the filing, the first docket call, or the rest of the eviction process when diversion does not apply. It also does not prevent a landlord from filing an unlawful detainer for a non-rent lease violation while the tenant is participating in the Program, and it does not prevent the landlord and tenant from entering a voluntary payment agreement outside the statutory Program.
The Program's current mechanics are part of the broader 2026 Virginia landlord-tenant law changes, but this page has a narrower job: explain the court diversion process itself.
For owners, the management lesson is straightforward. A diversion plan can create a defined path to full payment when a tenant qualifies and performs. The owner does not need to improvise the process. Accurate records, prompt notices, consistent rent collection, and current court forms make it much easier to follow the statutory path whichever way the case ends.
Frequently Asked Questions
Does Every Virginia General District Court Have to Use the Eviction Diversion Program?
No. Virginia Code § 55.1-1260 says the Program may be implemented by any General District Court in the Commonwealth. A landlord should confirm whether the court handling the case implements the Program.
Can a Landlord Refuse Diversion if the Tenant Qualifies?
In a court that implements the Program, § 55.1-1262 says the court shall direct an eligible tenant and the landlord to participate and enter a court-ordered payment plan. A landlord with a case-specific dispute about eligibility or the proposed plan should follow the court's instructions and obtain legal advice when needed.
Does the Tenant Only Pay the Old Balance During the Plan?
No. The arrears schedule and current rent run at the same time. The tenant must make the court-plan installments and continue paying monthly rent within five days of the due date established by the rental agreement.
What Happens When the Tenant Completes the Diversion Plan?
The judge dismisses the unlawful detainer as satisfied.
What Happens When the Tenant Defaults?
The landlord uses the statutory written notice process. Unless the tenant files the permitted affidavit within 10 days regarding payment of current rent, § 55.1-1262 directs the court to enter an order of possession without further hearings or proceedings.
Can the Landlord and Tenant Agree to a Payment Plan Outside the Program?
Yes. Section 55.1-1262 expressly says the statute does not prevent the landlord and tenant from entering a voluntary payment agreement outside the Eviction Diversion Program.
The Bottom Line for Virginia Landlords
Virginia's Eviction Diversion Program gives a qualifying tenant in a participating General District Court a structured path to cure the arrears while the unlawful detainer remains pending. For the landlord, the process also creates defined payment dates, a requirement that current rent continue, and a statutory response if the plan defaults.
The strongest owner position is a clean, documented process. The lease, notice, ledger, filing, payment posting, and court documents should all tell the same story. When those pieces are organized, a landlord can respond efficiently whether the tenant completes the plan or the case moves toward possession.
PMI James River manages delinquency and eviction workflows with that recordkeeping discipline in mind. Rental owners who want a consistent system from missed rent through court can review our eviction protection services and discuss how the broader management process handles notices, payment tracking, documentation, and next steps.
Published: August 27, 2026
