National Housing Law Project Statement on Virginia Supreme Court Decision that Denies Tenants the Full Benefit of Federal Law Requiring 30 Days Notice Before Eviction

WASHINGTON, D.C.— The National Housing Law Project (NHLP) today released the following statement by Director of Litigation Eric Dunn in response to a decision by the Virginia Supreme Court to deny review of the Virginia Court of Appeals’ ruling in Woodrock River Walk LLC v Rice. By refusing to hear the case, the Virginia Supreme Court held that a landlord can file an eviction lawsuit against a tenant for nonpayment of rent prior to the expiration of the tenant’s federally mandated 30-day notice to vacate.

“A landlord who wants to terminate a rental agreement ordinarily needs to give the tenant a deadline to vacate, and the tenant is supposed to be able to stay in the property until that deadline expires. Five years ago, Congress passed a law requiring that landlords who benefit from federal financial benefits, like rent subsidies or favorable mortgage terms, need to give at least 30 days’ notice to terminate a lease. Nevertheless, in Woodrock River Walk LLC v Rice, the Virginia Court of Appeals decided that tenants are not entitled to that full 30-days notice period before eviction, despite the federal requirement. Now the Virginia Supreme Court has refused to review that decision, even though the lower court’s ruling plainly conflicts with a federal statute and numerous other state supreme courts have ruled the opposite way.

“This decision will harm tenants. A 30-day notice requirement provides tenants who live in subsidized housing time they need to fix issues with their rent before their landlord can file an eviction. These rulings essentially greenlight landlords across Virginia to disregard the federal 30-day notice requirement and force poor and working Virginians from their homes sooner when they struggle to afford the rent. Evictions and even eviction filings trap poor tenants in a vicious cycle of housing insecurity and poverty. Evictions uproot families, cause major health issues, and exacerbate segregation. The rulings in Woodrock River Walk LLC are frustrating but we’ll continue fighting to protect tenants and keep them stably housed.”

The National Housing Law Project supported legal aid organizations in Virginia in Woodrock River Walk LLC v Rice.