Cal. Civ. Code § 55.1-1262

Eviction Diversion Program; process; court-ordered payment plan.

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026VirginiaSummary ProcessSealing & Expungement

Operative Text

Cal. Civ. Code § 55.1-1262
A. A tenant in an unlawful detainer case shall be eligible to participate in the Program if he:
1. Appears in court on the first docket call of the case;
2. Pays to the landlord or into the court at least 10 percent of the amount due on the unlawful detainer as amended on the first docket call of the case;
3. Provides sworn testimony that he has income and has sufficient funds to make the payments under the court payment plan, or otherwise has sufficient funds to make such payments;
4. Provides sworn testimony explaining the reasons for being unable to make rental payments as contracted for in the rental agreement;
5. Does not owe outstanding rent under any payment plan executed within the last 12 months;
6. Has not defaulted on any rent payment plan executed within the last 12 months; and
7. Has not participated in an eviction diversion program within the last 12 months.
B. Any general district court of the Commonwealth that implements the Program shall attach information about the Program, including eligibility criteria, to any summons for unlawful detainer.
C. The court shall direct an eligible tenant pursuant to subsection A and his landlord to participate in the Program and to enter into a court-ordered payment plan. The court shall provide for a continuance of the case on the docket of the general district court in which the unlawful detainer action is filed to allow for full payment under the plan. The court-ordered payment plan shall be based on a payment agreement entered into by the landlord and tenant, on a form provided by the Executive Secretary, and shall contain the following provisions:
1. All payments shall be (i) made to the landlord; (ii) paid by cashier's check, certified check, money order, or electronic funds transfer; and (iii) received by the landlord on or before the fifth day of each month included in the plan;
2. The remaining payments of the amounts on the amended unlawful detainer after the first payments made on the first docket call of the case shall be paid on the following schedule: (i) 30 percent due by the fifth day of the month following the initial court hearing date, (ii) 30 percent due by the fifth day of the second month following the initial court hearing date, and (iii) the final payment of 30 percent due by the fifth day of the third month following the initial court hearing date; and
3. All rental payments shall continue to be made by the tenant to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement each month during the course of the court-ordered payment plan.
D. If the tenant makes all payments in accordance with the court-ordered payment plan, the judge shall dismiss the unlawful detainer as being satisfied.
E. If the tenant fails to make a payment under the court-ordered payment plan or to keep current any monthly rental payments to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement, the landlord shall submit to the general district court clerk a written notice, on a form provided by the Executive Secretary, that the tenant has failed to make payments in accordance with the plan. A copy of such written notice shall be given to the tenant in accordance with § 55.1-1202 .
The court shall enter an order of possession without further hearings or proceedings, unless the tenant files an affidavit with the court within 10 days of the date of such notice stating that the current rent has in fact been paid and that the landlord has not properly acknowledged payment of such rent. A copy of such affidavit shall be given to the landlord in accordance with § 55.1-1202 .
The landlord may seek a money judgement for final rent and damages pursuant to subsection B of § 8.01-128 .
F. Nothing in this section shall be construed to limit (i) the landlord from filing an unlawful detainer for a non-rent violation against the tenant while such tenant is participating in the Program or (ii) the landlord and tenant from entering into a voluntary payment agreement outside the provisions of this section.
Source: Legislative text reproduced verbatim
Plain English

Va. Code § 55.1-1262 establishes an Eviction Diversion Program that allows eligible tenants facing unlawful detainer actions to avoid eviction by entering a court-ordered payment plan. To qualify, a tenant must meet several conditions at the first court appearance, including paying at least 10 percent of the amount owed and providing sworn testimony about income and the reasons for nonpayment. If the tenant completes all payments under the plan, the unlawful detainer is dismissed; if the tenant defaults, the landlord can obtain a possession order without additional hearings.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Va. Code § 55.1-1262, landlords whose tenants qualify for the Eviction Diversion Program are directed by the court to participate and enter a structured payment plan. Compliant operators accept payments by cashier's check, certified check, money order, or electronic funds transfer on or before the fifth of each month, and submit written notice to the general district court clerk if a tenant misses a payment. Landlords retain the right to file a separate unlawful detainer for non-rent violations and may seek a money judgment for final rent and damages even while the Program is in effect.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Va. Code § 55.1-1262 gives tenants facing eviction an opportunity to keep their housing by participating in the Eviction Diversion Program if they meet eligibility requirements at the first court date. Tenants who complete all payments under the court-ordered plan have the unlawful detainer dismissed, and those who believe a landlord has wrongly claimed nonpayment may file an affidavit with the court within 10 days. Tenant-rights organizations and legal aid offices can help explain how the Program's eligibility criteria and payment schedule apply generally.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

Snapshot SHA:
Fetched:Oct 22, 2026, 04:52 PM UTC