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 get on the lease once the court excludes the abuser. To do this, you will need to:

1. give 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 ten days of when the judge issued that order.¹ 

If your rental application meets the landlord’s requirements, the landlord can offer you a written lease to make you an official tenant. However, if you do not meet the landlord’s requirements, 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 

If you choose not to submit a rental application within ten days of the order being issued, 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 § 55.1-1230(B)