RICHMOND: EVICTION CAPITOL OF THE US?

RICHMOND: EVICTION CAPITOL OF THE US?

You may have seen or heard recent references to Richmond as the Eviction Capitol of the US. Richmond acquired this title after the 2018 front-page publication in the New York Times of an article by Matthew Desmond focusing on Unlawful Detainer filings in the Richmond General District Court. This article rankled with Patrick McCloud, the Chief Executive Officer of the Virginia Apartment Management Association, whose gut told him that the real numbers wouldn’t support this drastic conclusion. His quest to determine the accuracy of the article led to the passage this year of a law requiring sheriffs to report the outcomes of evictions to the Clerk of Court. Over time, this requirement should produce hard reliable data to demonstrate the actual end results of unlawful detainer cases statewide.

The 2023 General Assembly session made only a few relatively minor changes to the VRLTA. In addition to Patrick’s bill, the following amendments were passed and went into effect July 1:

• Increases in rent must be disclosed to residents 60 days prior to the end of the lease term. This amendment actually lines up with the practices of most owners.

• If an owner wishes to terminate all or many month-to-month leases (such as for a renovation or acquisition), a 60-day notice is required in certain circumstances. This additional notice period gives local support agencies more time to relocate displaced tenants who might otherwise overwhelm a local housing market. A tenant who discovers at move-in that the dwelling unit is not fit and habitable may be able to terminate the lease if certain circumstances are met.

• An owner whose tenant has refused to sign the Statement of Tenant Rights and Responsibilities may still file an Unlawful Detainer case with documentation that the form has been provided to the tenant. And speaking of the Statement of Tenant Rights and Responsibilities, be sure to look for the 2023 version, which is now available on the Department of Housing and Community Development’s website. The new version has been updated to contain a box for you to check if the tenant fails to sign it.

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Blog post published: 2023-09-01