The Court of Appeals of Virginia Interpreted the Federal CARES Act in Relation to Virginia's Eviction Laws
Woodrock River Walk LLC v. Rice, Record No. 1860-23-3 (Va. Ct. App. Oct. 8, 2024)
It’s another Thursday with no new opinions or orders from the Supreme Court of Virginia. On Tuesday, however, the Court of Appeals of Virginia interpreted the federal CARES Act in relation to Virginia’s eviction laws.
In this case, the landlord, Woodrock River Walk LLC, issued a notice of failure to pay rent to tenants Lloyd Rice and Christine Andrade. The notice stated that the tenants had 5 days to pay rent or their lease would be terminated, but also informed them that under the CARES Act, they were not required to vacate for 30 days. After 29 days, Woodrock filed a summons for unlawful detainer. The circuit court dismissed the eviction proceeding, ruling that the summons violated the CARES Act’s 30-day requirement.
The Court of Appeals reversed the circuit court’s decision for three main reasons:
- The plain language of the CARES Act does not prevent a landlord from filing a summons during the 30-day period following a notice to vacate.
- A summons for unlawful detainer does not require a tenant to leave the premises. Only the execution of a writ of eviction by an officer can compel a tenant to vacate.
- While Woodrock terminated the lease under Virginia law (which normally requires prompt vacancy), the federal CARES Act preempts this state law requirement, allowing tenants to remain for 30 days after receiving a notice to vacate.