Housing Laws

If you and the abuser were living together but you were not a tenant or authorized occupant on the lease, it may be possible for you to now get on the lease once the abuser is excluded by the court.  To accomplish this, you will need to:

1. give to the landlord a copy of the order that gives you possession of the home and excludes the abuser-tenant (which could be part of a final protective order due to family abuse or a court order as part of a divorce); and 
2. submit a rental application to become a tenant within 10 days of when the judge issued that order.¹ 

If your rental application meets the landlord’s tenant selection criteria, the landlord can make you a tenant and offer you a written lease.  However, if you do not meet the landlord’s tenant selection criteria, you must leave the home within 30 days of the date that the landlord gives you written notice that your rental application has been rejected.¹  Note: If you choose not to submit a rental application, the law says that you must leave the home within 30 days of the date the judge issues the order that excludes the abuser-tenant.  In either case, if you do not leave within the 30 days, the landlord can file in court to evict you and sue you for money damages.¹

¹ Va. Code § 55-225.5(B)