Partial Rent Payments and Eviction Rules in Virginia

If you're a renter in Virginia, you may face situations where you cannot pay your entire rent amount on time. Understanding how partial payments impact your eviction risk can help protect your rights and provide clarity during stressful times. Virginia law has clear rules for landlords and tenants regarding partial rent payments, eviction notices, and the steps you can take if you fall behind.

What Happens if You Pay Only Part of Your Rent?

Under the Virginia Residential Landlord and Tenant Act (VRLTA), rent is legally due on the date stated in your lease. If you pay only part of the rent, your landlord can still start the eviction process unless certain steps are taken.

• Partial payment does not prevent eviction unless the landlord gives you written notice and you sign a waiver.
• Landlords in Virginia are required to give you a written notice before they can file for eviction because of nonpayment.
• Accepting a partial payment can delay eviction if both parties agree in writing, using a specific form (explained below).

Notice Requirements and The 'Five-Day Pay or Quit'

Virginia law requires landlords to provide a Pay or Quit Notice if rent is overdue. This gives renters five days to pay the full amount—not just a partial payment—or face possible eviction action.

• Five-Day Pay or Quit Notice: This is a written demand for the total rent owed. If the renter pays in full within five days, eviction cannot proceed.
• Partial payments are not enough to stop the eviction timeline unless handled properly with required legal documents.

Partial Payment Agreement and Official Forms

If your landlord accepts a partial rent payment, Virginia law requires use of the "Tenant's Acknowledgment of Partial Payment" (Form DC-421).^[1]

• Form Name: Tenant's Acknowledgment of Partial Payment (Form DC-421)
• When to use: When you can only pay part of your rent and the landlord agrees to accept it.
• How it's used: Both landlord and tenant sign. The form states the amount paid and what happens if the rest isn't paid by a certain date. If the requirements are met, eviction can be delayed.
• Where to find: Download the official form from the Virginia Judicial System website.

Who Handles Evictions in Virginia?

Eviction cases in Virginia are heard by the General District Court, which is the official tribunal for landlord-tenant disputes. If you receive court papers, read them carefully and act quickly to protect your rights.

The Virginia Residential Landlord and Tenant Act outlines all tenant and landlord rights in the state.

Steps to Take if You Can't Pay Full Rent in Virginia

If you're struggling to pay the full rent or considering a partial payment, here are your main options:

• Contact your landlord promptly to discuss your situation before the rent is due.
• If the landlord agrees to accept a partial payment, ensure you both sign Form DC-421 to document the arrangement.
• Keep copies of all communications and payment receipts for your records.
• If you receive a "Pay or Quit" notice or eviction court papers, seek legal assistance right away.

Court deadlines move quickly. Respond to any official notices or court dates as soon as possible to avoid losing your right to present your case.

FAQ: Partial Rent Payments and Eviction Risk in Virginia

1. Can my landlord evict me if they accept a partial rent payment?
   Generally, yes—unless you and your landlord sign a written agreement using the official form (DC-421) that specifically delays eviction.
2. What happens if I pay only part of the rent without a written agreement?
   Your landlord can still file for eviction, even if they accept the money, unless a written partial payment agreement is signed.
3. How do I delay an eviction after partial payment?
   Use the Tenant's Acknowledgment of Partial Payment (DC-421). If properly completed and signed, it can temporarily postpone the eviction process.
4. Where do I file a complaint if my landlord is not following the law?
   For legal disputes or complaints, you may seek assistance from the Virginia General District Court or reach out to local legal aid services.
5. What should I do if I receive an eviction notice?
   Respond promptly, check the notice for accuracy, and consider seeking legal help. Attend all court hearings to defend your case.

Conclusion: Key Takeaways for Virginia Renters

• Partial rent payments may not stop eviction unless a written agreement is signed with the official court form.
• The five-day pay or quit notice gives you a short window to pay full rent and avoid eviction.
• Always read and keep copies of any forms or agreements with your landlord.

If in doubt, act quickly and contact official resources for help.

Need Help? Resources for Renters

• Virginia General District Court: Official information on eviction and court process
• Virginia Residential Landlord and Tenant Act: State tenancy laws
• Tenant's Acknowledgment of Partial Payment (DC-421): Official court form
• Virginia Legal Aid: Free renter legal assistance
• Virginia Department of Housing and Community Development: Renter resources and support

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1. Virginia Judicial System – Tenant's Acknowledgment of Partial Payment (Form DC-421)
2. Virginia Legislative Information System – Virginia Residential Landlord and Tenant Act
3. Virginia General District Court – Eviction proceedings overview

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