in-person) varies significantly by jurisdiction. Since May 17, all tolling of statute of limitations and case deadlines have been lifted.Filing Deadlines ExtendedYes, during the period of public health emergency, subject to exceptions.An additional 15 days after tolling ended on July 20, 2020.Yes, please see above.Courts Open for Civil HearingsThe Civil Division will conduct remote hearings, including evidentiary hearings and bench trials, in any case where it is appropriate.An additional 60 days after tolling ends.Courts in Virginia re-opened on May 18, 2020, but the types of cases and trials being held and how courts are approaching proceedings (i.e. Judicial OrdersTolling Statutes of LimitationsYes, during the period of public health emergency, subject to exceptions.Ended (i) July 20, 2020, for tenant holdover cases, breach of lease actions, and wrongful detainers, or (ii) August 31, 2020, for failure to pay rent cases.All others: the time from March 16 to J(when courts reopened) is not counted, and the deadline is extended an additional 15 days after J(Article IV - 18).Yes, initially, all Circuit Courts and General District Courts in the Commonwealth of Virginia suspended all statute of limitations and case-related deadlines that would otherwise have expired during the period of judicial emergency, set as March 16 through May 17, 2020.
Landlord Alternative Payment Plans with Tenants:ResidentialCommercialDuring the public emergency and for one year thereafter, a residential or commercial retail landlord shall make a payment plan available to an eligible tenant for the payment of gross rent that comes due (Section 402).N/AN/ATOPA Impact/Tenant Statutory RightsTime periods for tenants and tenant organizations to exercise rights shall be tolled until the end of the public health emergency, and for 30 days thereafter (Section 405).N/AN/AStatewideDCMDVAMortgage Relief:ResidentialCommercialDuring the public emergency and for 60 days thereafter, a mortgage lender of a residential or commercial loan shall grant at least a 90-day deferment of principal and interest and waive any late fee accrued (Section 401).N/AVirginia has set up a fund to provide mortgage payment relief for eligible households. Governor Northam has sought to have the moratorium reinstated, but the Virginia Supreme Court declined. StatewideDCMDVACharge Late Fees:ResidentialCommercialDuring the public emergency and for one year thereafter, a residential or commercial retail landlord shall waive any fee, interest, or penalty that arises out of an eligible tenant entering into a payment plan (Section 402).N/AOnly if provided for in the lease.Evictions:ResidentialCommercialDuring the public health emergency and for 60 days thereafter, no residential foreclosure may be initiated or conducted (i) under a power of sale provision contained in any deed of trust, mortgage, or other security instrument, (ii) under application to the court to foreclose any mortgage or deed of trust, or (iii) under a power of sale to enforce a lien for an assessment against a condominium unit (Section 408).New and pending residential eviction proceedings stayed until J(Maryland Constitution, Article IV, Section 18).Until the state of emergency is terminated, no judgement/warrant for possession/repossession of residential real property may be issued by a court if tenant can show that their failure to pay rent was the result of COVID-19 under Section 8-401 of the Real Property Article of the Maryland Code.The moratorium on evictions, foreclosure proceedings, and debt collection proceedings expired on June 29, 2020, and has not been reinstated. However, Virginia has set up a fund to provide rental payment relief for eligible households. Coronavirus Support Congressional Review Emergency Amendment Act of 2020).N/AThere are no rent freezes for residential or commercial leases. More information available here.Stage of ReopeningStage 2 (as of June 22, 2020)Stage 2 (as of June 5, 2020)Phase 3 (as of July 1, 2020)Landlord/Tenant Issues:Rent Freezes:ResidentialCommercialDuring the public emergency and for 30 days thereafter, a rent increase is prohibited for (i) a residential tenant (ii) a commercial retail tenant or (iii) any commercial tenant with a premises that is less than 6,500 square feet (Section 406 of D.C. DC METRO COVID-19 LEGISLATION/REGULATIONS IMPACTING LANDLORDS, JUDICIAL ACTIONS, AND GOVERNMENT OPERATIONSStatewideDCMDVAStatus of Emergency PeriodContinuing until July 24, 2020, with authorization to extend until October 9, 2020.ContinuingContinuingAdopts Workplace Safety Mandate (July 15, 2020) - The text of the standard is currently being finalized and will be posted on this Department of Labor and Industry website as soon as it is available and will take immediate effect upon publication in a newspaper of general circulation, published in the City of Richmond, Virginia.
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