May 2016

As of July 1, 2016, when a judge grants possession of a dwelling unit to a non-leaseholder to the exclusion of the leaseholder [usually due to a stay-away or protective order following a domestic violence allegation], the landlord will have the option of offering the non-leaseholder an opportunity to apply to become a leaseholder.  The non-leaseholder provides a copy of the court order to the landlord within 10 days of the entry of the order and submits a new rental application.  If the rental application is denied, the non-leaseholder must vacate the dwelling no later than 30 days after the date of the landlord’s written notice that the rental application was rejected.

If the non-leaseholder does not provide the landlord with a copy of the protective order within 10 days of the date of said order (along with a rental application), then he or she must vacate the premises no later than 30 days after the date of the entry of the court-order.

This is a significant improvement over current law.  Remember, though, you cannot collect rent or other funds from both parties.  Either the original leaseholder or the newly accepted leaseholder is liable for the terms of the lease.

Full text of the law with the changes noted in italics:  https://lis.virginia.gov/cgi-bin/legp604.exe?161+sum+HB711.