Text Size:
Text Size:

Special Eviction Situations: Subsidized Housing, Hotels/Motels and Foreclosures

Read this in: Español

Author: Phil Storey

The eviction process in Virginia follows the same basic steps for most renters. But if you live in subsidized or public housing, a hotel or motel, or a home that was foreclosed on, a few different rules apply to you. Those rules may give you more time or more protection than you realize.

This article explains what is different in each of those situations. Read more about mobile home evictions or evictions if you rent a home or apartment.

Subsidized or public housing

If you live in housing that is subsidized by the federal government and you pay reduced rent, you have additional legal protections against eviction. Those protections depend on the type of housing program involved–public housing and section 8 Housing Choice Vouchers are the most common, but there are many others.

The stakes are high: if you get evicted, you might not get this housing help again. That can mean losing out on thousands of dollars in assistance.

The most important thing you can do is contact legal aid right away. Their lawyers know the special rules that protect you and can give you the best advice. Visit virginialawhelp.org/get-legal-help or call 866-LEGLAID (866-534-5243) to find an office near you.

Hotels, motels, and boarding houses

Your protections depend on how long you have lived there and whether it is your main home.

If it is your primary home and you have lived there more than 90 consecutive days or have a lease or reservation for more than 90 days, Virginia law gives you the same rights as a tenant in an apartment with a lease. Your landlord must give you a written notice and go through the full court process before they can force you out.

If it’s not your primary home or if you have lived there 90 days or less, you have fewer protections. The hotel or motel can evict you without going to court.

  • If it is your primary home, your landlord must give you a written 5-day notice to pay before they can lock you out for nonpayment.
  • If it is not your primary home or they want you out for other reasons, they can evict you without any notice.

If your hotel or motel landlord tries to remove you illegally, you should contact legal aid right away to see if they can help you. 

What if my rental is foreclosed on?

If you were the owner

The new owner must give you a written 3-day notice asking you to move out before filing an eviction case.

If you are renting the home 

Whoever bought the home must honor your existing lease. If they bought the home so they can live there, they can end your lease early with 90 days written notice. Otherwise, your lease continues as before, with you paying rent to the new owner or property manager.

Get help as early as possible

The earlier you get legal advice, the better chance you have to avoid eviction. Free help is available.

Where can I get free or low-cost help?

Things to remember

  • If you live in subsidized housing, you may have special protections against eviction. The stakes are high, so contact a legal aid lawyer right away.
  • Hotel or motel residents who have lived there more than 90 days in a row and call it home have the same rights as a tenant leasing an apartment.
  • If you rent a home that’s been foreclosed on, your lease continues with the new owner.