Quick Answer
Virginia’s Eviction Diversion Program lets a tenant who is behind on rent ask a General District Court judge, at the first docket call of an unlawful detainer case, to pause the eviction and enter a court-ordered payment plan instead. The tenant must pay at least 25% of the amount owed on the spot and the balance in three more 25% installments over the following three months, while staying current on new rent. It is a legal mechanism under Code of Virginia § 55.1-1262, not an informal mediation service, and Richmond-area landlords who understand how it works can plan around it instead of being surprised by it in court.
What the Eviction Diversion Program Actually Is
When people hear “eviction diversion,” they often picture a nonprofit mediator sitting a landlord and tenant down at a table. Richmond does have that option too, through the Greater Richmond Community Mediation Center and Virginia’s statewide Dispute Resolution Services network, and it is worth knowing about as a separate, voluntary path. The Eviction Diversion Program is different. It is a specific, statutory court process created by the Virginia General Assembly and codified at Code of Virginia § 55.1-1262, inside Chapter 12 of the Virginia Residential Landlord and Tenant Act. It only comes into play after a landlord has already filed an unlawful detainer (the formal court case to recover possession of a rental unit, typically for nonpayment of rent).
At the first docket call, a tenant can ask the judge to be referred into the program. If the tenant qualifies, the judge does not simply dismiss the case or rule for the landlord that day. Instead, the court enters a structured payment plan, built around a standard form supplied by the Executive Secretary of the Supreme Court of Virginia, and continues the case so the tenant has a defined window to catch up. For a Richmond, Henrico, or Chesterfield landlord, this means a nonpayment case that looked like a quick, straightforward hearing can turn into a multi-month process with its own set of deadlines.
Who Can Actually Qualify
The program is not available to every tenant who asks for it. The statute sets out specific conditions, and a landlord who understands them can often tell early on whether a request is likely to be granted.
- The tenant must appear in person (or through counsel) at the first docket call and affirmatively request referral into the program.
- The tenant must pay the landlord, or the court, at least 25% of the total amount due as of that hearing date.
- The tenant must testify under oath that they are employed, or otherwise have income or resources, sufficient to make the remaining payments.
- The tenant must testify under oath about the circumstances that led to the missed rent, such as a job loss, reduced hours, or a medical emergency.
- The tenant cannot have been more than 10 days late on rent more than twice in the preceding six months, or more than three times in the preceding 12 months.
- The tenant cannot have exercised the right of redemption (paying off the full judgment to stop an eviction) under Code of Virginia § 55.1-1250 within the previous six months.
- The tenant cannot have participated in the Eviction Diversion Program itself within the previous 12 months.
These conditions matter for landlords because they are not just procedural trivia. A tenant with a documented pattern of chronic late payment, or one who already used the program within the past year, generally cannot qualify a second time, and a landlord’s own rent ledger is often the best evidence either way.
How the Payment Plan Actually Works
Once a judge grants the referral, the mechanics are fairly rigid, which is part of what makes the program predictable for landlords willing to work within it.
| Step | What Happens | Timing |
|---|---|---|
| 1. Initial payment | Tenant pays at least 25% of the amount due as of the first docket call | At the hearing, or shortly after as the court directs |
| 2. First installment | Tenant pays another 25% of the original balance | By the 5th of the first month after the hearing |
| 3. Second installment | Tenant pays another 25% | By the 5th of the second month after the hearing |
| 4. Final installment | Tenant pays the remaining 25% | By the 5th of the third month after the hearing |
| 5. Ongoing rent | Tenant must keep paying current rent on time | Within 5 days of the due date in the lease, every month during the plan |
Payments to the landlord under the plan must be made by cashier’s check, certified check, or money order, which is worth noting if a Richmond-area owner normally accepts ACH transfers or a tenant portal payment. The statute is specific about payment form precisely because these are court-ordered funds, not an ordinary rent collection.
What Happens If a Payment Is Missed
This is the part that actually protects a landlord’s position. If the tenant misses an installment, or pays current rent late, the landlord files a written notice of the default with the clerk of court, and a copy goes to the tenant. The court can then enter an order of possession without holding a new full hearing, unless the tenant files a sworn affidavit within 10 days stating that the payment was in fact made and the landlord simply failed to acknowledge it. In practice, this means a landlord who keeps clean, dated payment records is in a strong position if a tenant falls off the plan. It also means the case is not truly closed the moment the plan is entered. A Richmond property manager should calendar every due date in the plan the same way they would calendar a lease renewal, because the next step after a missed payment is largely administrative rather than a brand-new trial.
A landlord can also still pursue a separate money judgment for unpaid rent, late fees, and court costs even after a tenant successfully completes the plan and the possession case is dismissed as satisfied. The diversion program resolves the possession claim, not necessarily every dollar owed.
How This Is Different From Mediation
It is easy to conflate the Eviction Diversion Program with Richmond’s mediation resources, but they are not the same tool. Community mediation, offered locally through the Greater Richmond Community Mediation Center and the statewide Dispute Resolution Services network, is voluntary on both sides, can happen before or instead of filing in court, and produces a private agreement rather than a court order. The Eviction Diversion Program only exists inside an active unlawful detainer case, requires a judge’s approval, and produces an enforceable court order with built-in consequences for noncompliance. Richmond-area readers weighing an informal path before anyone files in court should start with our guide to free and low-cost mediation alternatives to eviction court, and treat the diversion program as the separate, formal option that shows up once a case is already on the docket.
What Richmond-Area Landlords Should Do When a Tenant Requests It
- Bring a complete ledger to the first docket call. The judge will want to know the exact amount due, and a clean record of on-time versus late payments over the past 12 months speaks directly to eligibility.
- Know the look-back windows cold. If your own records show more than two late payments in six months, or more than three in 12, say so, because that is a statutory disqualifier the judge needs to hear.
- Insist on the correct payment instruments. Court-ordered installments must arrive as cashier’s checks, certified checks, or money orders, not cash or a personal check, and definitely not through a portal that was not set up for this purpose.
- Calendar every due date immediately. Mark the 5th of each of the next three months, plus the lease’s regular rent due date, the moment the plan is entered.
- Document any default in writing, right away. The statute’s fast path back to possession depends on the landlord filing timely, specific written notice with the court.
For owners who use a Richmond property manager, this is exactly the kind of court deadline that should be handled through a documented, auditable workflow rather than a sticky note. If your current process for tracking notices and court dates feels informal, it may be worth reviewing it alongside our guide to Virginia rental notices and how long each one runs.
Weighing the Program as an Owner
| Potential Upside for Owners | Potential Downside for Owners |
|---|---|
| A tenant who completes the plan often becomes current without the cost and vacancy of a full eviction and turnover | The case is continued for up to three months instead of being resolved at the first hearing |
| The statute’s strict eligibility rules filter out tenants with a recent pattern of chronic late payment | A defaulted plan still requires the landlord to file a written notice and track the 10-day affidavit window |
| Court involvement means payments are documented and court-enforceable, unlike an informal promise to catch up | Payment must come as certified funds, which can be an extra step for an owner set up for digital rent collection |
A Note for Renters Considering This Option
If you are a Richmond-area tenant facing an unlawful detainer for unpaid rent after a genuine financial setback, such as a layoff or a medical bill, this program exists specifically for that situation, but it is not automatic. You have to ask for it at the very first docket call, you have to be able to produce at least 25% of what is owed that day, and you have to be honest on the record about your ability to pay the rest. If you cannot make the first 25% payment, the program is not going to be available to you, and it is worth talking to a legal aid attorney or the Central Virginia Legal Aid Society before your hearing date to understand whether you qualify and what documentation to bring.
Frequently Asked Questions
Is the Eviction Diversion Program the same thing as mediation?
No. Mediation is a voluntary, informal process that can happen with or without a court case. The Eviction Diversion Program is a specific court-ordered payment plan under Code of Virginia § 55.1-1262 that only applies once a landlord has filed an unlawful detainer case.
Can a landlord refuse to let a tenant use the program?
The decision belongs to the judge, not the landlord. A landlord can and should raise any statutory disqualifiers, such as a documented pattern of late payment, but the final call on referral is the court’s.
What if the tenant stops paying partway through the plan?
The landlord files written notice of the default with the clerk of court. The tenant then has 10 days to file a sworn affidavit disputing the default. If they do not, the court can enter an order of possession without another full hearing.
Does completing the plan erase the unpaid rent entirely?
Completing the plan typically resolves the possession claim, meaning the case is dismissed as satisfied, but a landlord can still separately pursue a money judgment for amounts such as late fees or court costs that were not covered by the plan.
Can a tenant use this program more than once?
Not within a 12-month period. The statute specifically bars a tenant from being referred into the program again if they already participated in it during the preceding year.
What form of payment does the court require?
Cashier’s check, certified check, or money order. Cash and personal checks are not acceptable forms of payment under the statute’s installment structure.
Does this program apply in every Virginia county and city?
The statute authorizes any Virginia general district court to implement the program, including those serving Richmond, Henrico, Chesterfield, and the surrounding counties, though court-specific practices can vary, so it is worth checking with the local clerk’s office.
Where can I find the official court forms?
The Virginia Judicial System’s district court forms library publishes the Eviction Diversion Program forms, including the payment agreement template.
Talk to Mission Realty
Navigating a nonpayment case through Richmond’s General District Courts, including the paperwork and deadlines tied to programs like this one, is exactly the kind of detail a professional property manager tracks every day so owners do not have to. If you own rental property in the Richmond area and want a team that handles notices, court dates, and tenant communication correctly the first time, explore Mission Realty’s property management services, learn more about how we work with Richmond-area owners, or contact us to talk through your specific situation.
